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ONSTITUTION 


01? 


THE  STATE  OF  MAINE, 


FORMIED  IN 


CONVENTION  AT  PORTLAND,  OCTOBER  TWENTY-NINTH,  AND 

ADOPTED  BY  THE  PEOPLE  IN  TOWN   MEETINGS,   ON 

THE  SIXTH  DAY  OF  DECEMBER,   A.   D.   1819,  AND 

OF  THE  INDEPENDENCE  OF  THE  UNITED 

STATES  THE  FORTY-FOURTH. 


TOGETHER    WITH 


AMENDMENTS    SUBSEQUENTLY  MADE  THERETO, 


AND   ARRANGED,   AS   AMENDED,   IN   PURSUANCE   OF   A   RESOLVE   OP  THE  LEGISLATURK 

APPROVED  FEBRUARY  TWENTY-FOURTH,  A.   D.    1875,  WITH  AMENDMENTS 

ADOPTED  SINCE  THE  LAST  NAMED  DATE  WITH  NOTES  ON 

THE  DECLARATION  OF  RIGHTS. 


BY 


Iv.   D.   CARVKR. 


AUGUSTA 

KENNEBEC    JOURNAL    PRINT 
1902 


GIFT  or 


Digitized  by  the  Internet  Arciiive 

in  2008  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/constitutionofstOOmainrich 


CONSTITUTION 


OP 


THE  STATE  OF  MAINE, 


forme;d  in 


CONVENTION  AT  PORTLAND,  OCTOBER  TWENTY-NINTH,  AND 

ADOPTED  BY  THE  PEOPLE  IN  TOWN  MEETINGS,   ON 

THE   SIXTH  DAY  OF  DECEMBER,   A.   D.   1819,   AND 

OF  THE  INDEPENDENCE  OF  THE  UNITED 

STATES  THE  FORTY-FOURTH. 


tockthi;r  with 


AMENDMENTS    SUBSEQUENTLY   MADE  THERETO, 


AND   ARRANGED,   AS   AMENDED,    IN    PURSUANCE   OF  A   RESOLVE   OF   THE   LEGISLATXJRB 

APPROVED  FEBRUARY  TWENTY-FOURTH,  A.   D.    1875,  WITH  AMENDMENTS 

ADOPTED  SINCE  THE  LAST  NAMED  DATE  WITH  NOTES  ON 

THE  DECLARATION  OF  RIGHTS. 

BY 

Iv.    D.    CARVKR. 


AUGUSTA 

KSNN^BEC    JOURNAL    PRINT 
1902 


5*^ 


tyoCUWtNW 


"The  objects  of  government  are  almost  as  varied  as  the  wants  of 
man  and  they  constantly  increase  with  the  progressive  steps  of  civili- 
zation. Our  whole  governmental  history  shows  that  the  education  of 
those  who  must  ultimately  assume  the  direction  of  the  affairs  of  gov- 
ernment, constitutes  one  of  the  most  important  objects  of  legislation." 

L.  D.  CARVER. 
Augusta,  Maine,  November  6,  1902. ' 


CONSTITUTION 


0-p 


THE   STATE    OF    MAINE 


PORMKD  IN 

CONVENTION  AT  PORTLAND,  OCTOBER  29,  AND  ADOPTED  BY 

THE  PEOPLE  IN  TOWN  MEETINGS,  DECEMBER  6,   A.  D. 

1819,  AND  OF  THE  INDEPENDENCE  OF  THE  UNITED 

STATES  THE  FORTY-FOURTH, 

TOGETHER  WITH  THiJ 

XXI  Amendments  Subsequently  made  Thereto,  Arranged,  as  Amended, 
IN  pursuance  of  a  Legislative  Resolve  of  February  24,  1875,  by  the 
Chief  Justice  of  the  Supreme  Judicial  Court,  the  Honorable  John 
Appleton,  whose  draft  and  arrangement  was,  by  a  Resolve  of  Feb- 
ruary 23,  1876,  approved  by  the  Legislature,  and  ordered  to  be 
enrolled  on  parchment  and  to  be  deposited  in  the  office  of  the  sec- 
RETARY OF  State  as  , 

"THE  SUPREME  LAW  OF  THE  STATE." 

[Note. — By  Resolve  of  January  12,  1875,  Governor  Dingley  was  authorized 
to  appoint  a  Commission  of  ten  persons,  "to  consider  and  frame  such  amend- 
ments to  the  Constitution  of  Maine  as  may  seem  necessary,  to  be  reported  to 
the  Legislature;"  and  Edward  Kent,  William  P.  Haines,  George  F.  Talbot, 
William  M.  Rust,  Henry  E.  Robins,  Washington  Gilbert,  James  C.  Madigan, 
Artemas  Libbey,  Frederick  A.  Pike  and  William  K.  Kimball,  were  appointed. 

Nine  of  the  amendments  reported  by  the  Commission,  viz. : — in  relation  to 

(XIII)  Election  of  Senators  by  Plurality  vote; 

(XIV)  Special  Legislation  and  Corporations ; 
,  (XV)       Power  of  Governor  to  pardon ; 

(XVI)  Appointment  of  Judges  of  Municipal  and  Police  Courts; 

(XVII)  Taxation; 

(XVIII)  Abolishing  the  Land  Agency; 

(XIX)  Constitutional  Conventions ; 

(XX)  Bribery  at  Elections ; 

(XXI)  Codification  of  the  Amended  Constitution; 

were  submitted  to  the  people  by  a  Resolve  of  February  24,  1875,  and  adopted 
at  the  annual  election,  September  13,  1875.! 


PREAMBLE 
Objects  of  government. 


333113 


"'"•*'''"•'' '>'Ty^.CdKs*Cj^uTioN  OF  The;  state;  of  maine. 

ARTICLE  I. 

Declaration  of  Rights. 
Sec.     I.     Natural  rights. 

2.  All  power  inherent  in  the  people. 

3.  Religious   freedom.     Proviso.     All   sects  equal.     Religious   test   pro- 

hibited.    Right  to  elect  religious  teachers. 

4.  Freedom  of  speech  and  publication.     Truth  may  be  given  in  evidence. 

5.  Unreasonable  searches. 

6.  Rights  of  persons  accused. 

7.  No  person  to  answer  to  a  capital  or  infamous  crime  but  on  indict- 

ment.    Exceptions.     Juries. 

8.  Not  to  be  put  in  jeopardy  twice  for  the  same  offense. 

9.  Sanguinary  laws  prohibited. 

10.  Bailable  offenses.     Habeas  corpus. 

11.  Bills  of  attainder,  &c.,  prohibited. 

12.  Treason. 

13.  Suspension  of  laws. 

14.  Corporal  punishment  under  military  law. 

15.  Right  of  petition. 

16.  Right  to  keep  and  bear  arms. 

17.  Standing  armies  not  to  be  kept. 

18.  No  soldiers  to  be  quartered  on  citizens  in  time  of  peace. 

19.  Right  of  redress  for  injuries. 

20.  Trial  by  jury. 

21.  Private  property  not  to  be  taken  without  just  compensation. 

22.  Taxes. 

23.  Titles  of  nobility  prohibited.     Tenure  of  office  limited. 

24.  Other  rights  not  impaired. 


ARTICLE  II. 

Elecfors.  — . 

Sec.  I.  Qualifications  of  electors.  Written  ballot.  Soldiers  or  seamen  in 
U.  S.  service.  Students  at  colleges  and  academies.  Residence  not 
lost  by  reason  of  absence,  in  the  military  service  of  Maine  or  of  the 
United  States. 

2.  Electors  exempt  from  arrest  on  election  days : — 

3.  And  from  military  duty. 

4.  Time  of  State  election.     Citizens  absent  in  temporary  military  ser- 

vice of  the  U.  S.  or  of  Maine  may  vote.  Polls,  where  opened. 
Vote,  how  taken.  Who  shall  act  as  supervisors.  Supervisors  shall 
be  sworn.  Their  duties.  Proviso.  Where  certain  officers  may 
vote.  Supervisors  shall  prepare  ballot  boxes.  Ballots,  how  pre- 
pared. Qualification  of  voters.  Supervisors  shall  keep  correct 
poll  lists  : — Check  names  of  voters  : — Sort,  count  and  declare 
votes : — And  make  return  to  secretary  of  state's  office. 


ARTICLE  III. 

Distribution  of  Powers. 

Sec.     I.     Powers  distributed. 
2.    To  be  kept  separate. 


the;  constitution  of  the;  stats  of  mains. 


ARTICLE    IV. 

Legislative    Power. 
Part   First, — House   of   Representatives. 
Sec     I.     Legislative  department.     Style  of  acts. 

2.  Number  of  representatives  fixed  at  one  hundred  and  fifty-one, 

3.  Apportionment  among  towns. 

4.  Qualifications  of  a  representative. 

5.  Meetings  for  choice  of  representatives.     Meetings  of  classed  towns. 

Lists  of  votes  shall  be  examined  by  governor  and  council : — And 
they  shall  summon  persons  who  appear  to  be  elected.  Lists  to  be 
laid  before  the  House  of  Representatives.  Manner  of  electing 
representatives  and  other  civil  officers  in  cities. 

6.  Vacancies,  how  to  be  filled. 

7.  House  shall  choose  its  own  officers. 

8.  Power  of  impeachment. 


ARTICLE    IV. 

Part    Second, — Senate. 
Sec     I.     Senate  shall  consist  of  not  less  than  twenty,  nor  more  than  thirty- 
one. 

2.  State  shall  be  districted  once  in  ten  years.     Districts,  how  formed. 

3.  Meetings  for  choice  of  senators.     Electors  in  unincorporated  places. 

4.  Votes  shall  be  examined  by  the  governor  and  council. 

5.  Senate  shall  decide  as  to  the  election  of  its  members 

6.  Qualifications  of  senators. 

7.  Senate   shall    try   impeachments.     Limitation    of   senate's   judgment. 

Party  is  further  liable  to  be  tried  and  punished  by  the  courts. 

8.  Senate  shall  choose  its  officers. 


ARTICLE    IV. 

Part  Third, — Legislative   Power. 
Sec     I.    Legislature  shall  meet  annually.     Its  powers. 

2.  Bills  shall  be  signed  by  the  governor.     Proceedings,  in  case  he  dis- 

approves.    Unsigned   bills    shall    be   returned  by   him   within   five 
days. 

3.  Each  house  shall  judge  of  the  election  of  its  members.     Majority, 

a  quorum. 

4.  May  punish  and  expel  members. 

5.  Shall  keep  a  journal.     Yeas  and  nays,  when  to  be  entered. 

6.  May  punish  for  contempt.     Proviso. 

7.  Compensation  of  members.     Traveling  expenses. 

8.  Members  are  exempt  from  civil  arrest.     Freedom  of  debate. 

9.  Either  house  may  originate  bills.     Revenue  bills.     Proviso. 

10.  Members  shall  not  be  appointed  to  certain  offices.     Proviso. 

11.  Persons  disqualified  to  be  members. 

12.  Adjournments. 

13.  Special  legislation. 

14.  Corporations,  except  for  municipal  purposes,  shall,  when  practicable, 

be  formed  under  general  laws. 

15.  Constitutional  conventions. 


THE    CONSTITUTION    01^   THE    STATE    OE    MAINE. 


ARTICLE  V. 

Executive    Powers. 
Part   First, — Governor. 
Sec     I.     Governor. 

2.  Elected  for  one  year. 

3.  Meetings  for  choice  of  governor.    Votes  shall  be  returned  to  secretary 

of  state.     Provision,  in  case  there  is  no  choice. 

4.  Qualifications  of  governor. 

5.  Disqualifications. 

6.  Compensation. 

7.  Commander-in-chief  of  militia.     Shall  not  march  militia  out  of  state. 

8.  With  advice  of  council,  shall  appoint  officers. 

9.  Shall  give  information  and  recommend  measures. 

10.  May  require  information  of  any  officer. 

11.  Power  of  governor,  with  consent  of  council,  to  reprieve,  commute 

or  pardon,  except  in  cases  of  impeachment,  and  to  remit  penalties. 
Conditional  pardons.     Shall   report  to  the  legislature. 

12.  Shall  enforce  the  laws. 

13.  Governor  shall  convene  the  legislature  on  extraordinary  occasions, 

and  adjourn  it,  if    houses  disagree.      May  change  their    place  of 
meeting. 

14.  Vacancy,  how  supplied. 


ARTICLE  V. 

Part    Second, — Councii,. 
Sec     I.     Council  shall  consist  of  seven. 

2.  Councilors,  how  chosen.     Privileged  from  arrest. 

3.  Journal  of  their  proceedings  shall  be  kept. 

4.  Persons    disqualified    to    be    councilors.       Councilors    shall    not    be 

appointed  to  any  office. 


ARTICLE  V. 

Part    Third, — Secretary. 

Sec     I.  Secretary,  how  to  be  chosen. 

2.  Shall  keep  the  records  of  the  state.     May  appoint  deputies. 

3.  Shall  attend  the  governor  and  council. 

4.  Shall  preserve  the  records  of  the  executive  and  legislative  depart- 

ments. 


ARTICLE  V. 

Part  Fourth, — Treasurer. 
Sec     I.    Treasurer,   how   chosen.     Ineligible,   for   more   than   Hve   successive 
years. 

2.  Shall  give  bonds. 

3.  Shall  not  engage  in  trade. 

4.  No  money  shall    be  drawn  but   by  warrant.     Accounts   of   receipts 

and  expenditures  shall  be  published. 


THE    CONSTITUTION    OF  THE)   STATE   OF   MAINE. 


ARTICLE   VI. 

JuDiciAJv   Power. 
Sec.     I.     Supreme  judicial,  and  other  courts. 

2.  Compensation  of  the  supreme  justices  shall  not  be  diminished. 

3.  They  shall   give  opinion,   when   required  by  either  branch  of  gov- 

ernment. 

4.  Tenure  of  judicial  offices. 

5.  Justices  of  the  peace  and  notaries  public. 

6.  Justices  of  the  supreme  judicial  court  shall  hold  no  other  office. 

7.  Judges  and  registers  of  probate,  their  election  and  tenure  of  office. 

Vacancies,  how  filled. 

8.  Judges  of  municipal  and  police  courts,  shall  be  appointed. 


ARTICLE   VII. 

Military. 
Sec.     I.     Military  officers,  how  to  be  elected. 

2.  Manner  of  conducting  elections. 

3.  Major  generals  and  adjutant  generals,  how  elected. 

how  appointed. 

4.  Organization  of  the  militia. 

5.  Who  may  be  exempted  from  military  duty. 


Staff  officers, 


Sec    I. 


ARTICLE  VIII. 

Literature. 
Legislature   shall   require   towns    to   support   public   schools.     Shall 
endow  colleges  and  academies.     Proviso. 


Sec 


9- 
10. 
II. 
12. 
13- 
14. 

15- 


16. 


ARTICLE    IX. 

General  Provisions. 
Oath  and  subscriptions.     Before  whom  to  be  taken.     Proviso. 
Offices  that  are  incompatible  with  each  other. 
Commissions. 
Elections  on  the  first  Wednesday  of  January  may  be  adjourned  from 

day  to  day.     Order  of  filling  vacancies. 
Every  civil  officer  may  be  removed  by  impeachment  or  address. 
Tenure  of  office. 
Valuation. 

Real  and  personal  estate  shall  be  taxed  according  to  its  value. 
Taxation. 

Sheriffs,   how  elected,  and  tenure  of  office. 
Attorney  general,  how  to  be  elected.     Vacancy,  how  filled. 
Soldiers,  who  may  be  allowed  to  vote  for  county  officers. 
Bribery  at  elections. 
Credit  of  state  shall  not  be  loaned.     Creation  of  state  debt,  limited. 

Exceptions. 
State  may  issue  bonds  in  payment  of  municipal  war  debt.    Basis  of 

payment.     Commission  shall  be  appointed  to  determine  the  amount 

due  to  municipalities.    Loan  limited  to  $3,500,000. 
Towns  having  four  thousand  inhabitants,  and  towns  having  inhabited 

islands,  may  be  divided  into  voting  districts. 


8 


THE    CONSTITUTION    OF   THE   STATE   OF    MAINE. 


ARTICLE  X. 

Schedule. 
Sec     I.     Laws  now  in  force,  continue  until  repealed. 

2.  Constitution,  how  amended. 

3.  Constitution  shall  be  arranged  by  chief  justice  of  supreme  judicial 

court.  Shall  be  submitted  to  the  legislature.  Amended  consti- 
tution shall  be  enrolled  on  parchment,  and  printed  copies  shall  be 
bound  with  the  laws.     Shall  be  the  supreme  law  of  the  state. 

4.  Sections  one,   two   and   five  of  article  ten,   shall  be  omitted   from 

printed  copies.     Section  five  remains  in  force. 


AMENDMENTS. 
Article  XXII.       Limitation  of  Municipal  Indebtedness. 
Article  XXIII.     Biennial  Elections  and  Biennial  Sessions. 
Article  XXIV.     Election  of  Governor  by  Plurality  Vote. 
Article  XXV.       Biennial  Legislative  Terms. 
Article  XXVI.      Prohibition  of  the  Manufacture  and  Sale  of  Intoxicating 

Liquors. 
Article  XXVII.    Eligibility  of  the  Treasurer  of  State. 
Article  XXVIII.  Appointment  of  Adjutant  General. 
Article  XXIX.     Educational  Qualification  of  Voters. 
Article  XXX.       Vacancies  in  the  Senate. 


CONSTITUTION 


OF 


THE    STATE    OF  MAINE 


PREAMBLE. 
We,  the  people  of  Maine,  in  order  to  establish  justice,  insure  tranquilHty, 
provide  for  our  mutual  defence,  promote  our  common  welfare,  and  secure 
to  ourselves  and  our  posterity  the  blessings  of  liberty,  acknowledging  with 
grateful  hearts  the  goodness  of  the  Sovereign  Ruler  of  the  Universe  in 
affording  us  an  opportunity,  so  favorable  to  the  design;  and,  imploring 
His  aid  and  direction  in  its  accomplishment,  do  agree  to  form  ourselves 
into  a  free  and  independent  State,  by  the  style  and  title  of  The  State  of 
Maine,  and  do  ordain  and  establish  the  following  Constitution  for  the 
government  of  the  same. 

Notes. 

A  State  is  a  body  politic,  or  society  of  men  united  together  for  the 
purpose  of  promoting  their  mutual  safety  and  advantage  by  the  joint 
efforts  of  their  combined  strength.  Cooley's  Constitutional  Limita- 
tions, P.  I. 

The  State  means  the  whole  people  in  one  body  politic;  and  the  State 
and  the  people  ola  State  are  equivalent  expressions.  2  Dall.  425.  i  Story 
on  Constitution,  sects,  208,  209.     7  Wall.  720. 

Government  in  a  political  sense,  signifies  that  form  of  fundamental  rules 
by  which  the  members  of  a  body  politic  regulate  their  social  action  and  the 
administration  of  public  affairs  according  to  established  constitutions,  laws, 
and  usages.     Young's  Science  of  Government,  P.  13. 

The  objects  of  government  are  almost  as  varied  as  the  wants  of  man 
and  they  constantly  increase  with  the  progressive  steps  of  civilization. 
Our  whole  governmental  history  shows  that  the  education  of  those  who 
must  ultimately  assume  the  direction  of  the  affairs  of  government,  consti- 
tutes one  of  the  most  important  objects  of  legislation,  37  Iowa  542.  See 
also  33  Me.,  283.     58  Me.,  607,  612. 

ARTICLE  I. 

Declaration  op  Rights. 
Section  i.     All  men  are  born  equally  free  and  independent,  and  have 
certain  natural,  inherent  and  unalienable  rights,  among  which  are  those 
of  enjoying  and  defending  life  and  liberty,  acquiring,  possessing  and  pro- 
tecting property,  and  of  pursuing  and  obtaining  safety  and  happiness,     (a) 

(a)  2  Me.,  275;  6  Me.,  412;  27  Me.,  212;  33  Me.,  283,  558;  58  Me.,  594,  598, 
613;  59  Me.,  318,  545,  549,  553;  60  Me.,  122,  133;  66  Me.,  73;  86  Me.,  498;  94 
Me.,  no. 


10  The  constitution  of  the;  state  of  mains. 


Right  to  Life. 

Whether  this  right  may  be  forfeited  by  the  commission  of  crime.  In 
1820  treason,  murder,  rape,  arson,  burglary  and  robbery  were  punished 
with  death  by  hanging;  see  Laws  of  Maine  1820-21.  Changes  in  law,  see 
Public  Laws  1829,  1837,  i844.  1869,  1875,  1876,  1883.  Death  penalty 
abolished,  see  Public  Laws  of  Maine,  1887,  chapter  133;  Abolition  of 
Capital  punishment,  M.  H.  Bovee,  N.  J.,  1869;  Capital  Punishment,  G.  B. 
Cheever,  Bost.,  1843;  House  and  Senate  report  of  Legislative  Committee 
of  Maine,  1836;  Senate  Doc.  No.  37;  Governor's  Messages,  1867,  1870, 
1874,  1885;  Manual  of  Peace  by  Prof.  Thomas  C.  Upham,  Brunswick, 
1836;  18  Am.  Jurist  334;  5  Law  Journal  421;  66  Eel.  Mag.  677;  13  Law 
Journal  187;  8  Law  Rept.  481;  91  Westm.  Rev.  429;  116  Am.  Rev.  138; 
17  Am.  Jurist  236;  Results  of  Abolition,  Rept.  Soc.  Science  Ass'n  1865; 
Opinions  of  distinguished  men  of  all  countries  41  Law  Times  368,  391,  596. 

By  virtue  of  the  mutual  compact  under  which  the  people  of  the  United 
States  established  this  government,  the  life  of  every  citizen  is  pledged  in 
defence  of  its  institutions  and  laws;  see  concluding  sentence  of  Declara- 
tion of  Independence;  Constitution  of  U.  S.  sec.  8,  par.  11-16;  Constitu- 
tion of  Maine  Art.  7,  sec.  6;  when  right  to  take  life,  titles  Self  Defence, 
War,  Insurrection,  Mobs. 

Right  to  Liberty.    Meaning  of. 

Liberty  of  person,  or  freedom  from  bodily  restraint,  2  Kent  26.  Liberty 
of  action  is  the  counterpart  of  legal  and  self  restraint;  "Liberty  of  the 
Subject"  by  James  Patterson,  v.  i,  p.  'jj;  see  also  "Liberty"  by  Francis 
Lieber;  John  Locke  on  Government,  v.  2;  Blackstone,  v.  i,  p.  140;  Austin's 
Jurisprudence,  v.  i ;  John  Stuart  Mill's  Essay  on  Liberty ;  "Liberty  and 
Fraternity"  and  "Equality"  by  Sir  James  F.  Stephens;  see  also  ^7  N.  Am. 
Rev.  io5;  38  Dem.  Rev.  42;  113  Westm.  Rev.  91;  14  N.  Eng.  329;  16 
Nation  402;  Liberty  protected  by  law.  Law  Times  v.  26,  p.  98;  "Guaran- 
ties of"  4th  report  of  111.  Bar  Ass'n. 

Slavery  existed  in  Massachusetts  and  in  the  District  of  Maine  until 
after  1780;  see  Moore's  Hist,  of  Slavery  in  Mass.;  McMaster's  Hist,  of 
U.  S.,  v.  I ;  Mass.  Hist.  Coll.,  v.  4,  p.  201 ;  Wilson's  Rise  and  Fall  of  Slave 
Power  in  U.  S.,  v.  i,  p.  20;  Bradford's  Hist.  N.  Eng.,  v.  2,  p.  124;  William- 
son's Hist.  Me.,  V.  2,  p.  375,  536;  see  also  i  Me.  Rep.  93;  Quincy's  Mass. 
Rep.,  p.  29  and  94;  4  Mass.  123;  4  Pick.  128;  9  Am.  Jurist  490;  2  Pick.  11. 

Slavery  was  abolished  in  Massachusetts  and  in  the  District  of  Maine  by 
Judicial  interpretation  of  the  Bill  of  Rights  and  not  by  any  legislative  act. 
See  Bill  of  Rights  Mass.,  1780;  Bill  of  Rights  Maine,  1820;  18  Pick.  193;  3 
Met.  72 ;  7  Cush.  285. 

Liberty  may  be  forfeited  by  the  commission  of  crimes.  See  Criminal 
Law  of  Maine,  Rev.  Stat.  1883;  17  Chic.  Legal  News  85;  '8  Jour.  Jur.  26; 
paupers,  Indians,  minors  and  persons  afflicted  with  dangerous  diseases  are 
under  legal  restraint,  1 1  Me.  422 ;  88  Me.  379 ;  42  Me.  120 ;  75  Me.  241 ; 
66  Me.  71 ;  83  Me.  422. 

Definition  of  Property. 

Property  is  every  valuable  right,  privilege,  possession  or  interest  in  real 
estate,  personal  estates,  easements,  franchises,  contracts  and  in  corporeal 
hereditaments.  135  N.  Am.  Rev.  253;  14  Gray  155;  113  U.  S.  179;  "72. 
Me.  116. 

Labor  is  property;  16  Wallace  (U.  S.)  127;  3  Cranch  (C.  C.)  20^; 
right  to  an  action  is  property;  106  U.  S.  571 ;  right  of  appeal  is  property; 
57  Cal.  464.     Money  is  property;  12  Colo.  152. 

A  business,  occupation  or  profession  or  its  good  will  is  property;  27 
Ark.  625 ;  the  profession  of  a  priest  is  property  and  a  prohibition  of  exer- 
cising that  profession  without  accusation  or  hearing  is  unlawful ;  90  Penn. 


THE    CONSTITUTION    OF   THE    STATIC    OF    MAINE).  '  11 

St.  477;  see  2  Black  388;  2  Kent  347.  Reputation  is  property  slowly- 
acquired. 

Distinction  between  general  and  special  property  in  a  thing;  2  Black 
388 ;  Anderson  L.  Diet. ;  2  Kent. 

Property  in  dogs,  cats,  etc.,  see  75  Me.  562  and  Judge  Appleton's  dis- 
senting opinion;  Public  Laws  of  Maine,  1893,  chapter  287,  section  11. 

Property  in  wild  animals,  fish  and  game  is  in  the  State  in  trust  for  all 
citizens,  see  Gur.  vs.  Conn.,  161  U.  S.  519;  2  Black  391,  410:  2  Kent  347; 
128  Mass.  410;  94  U.  S.  395;  139  U.  S.  24;  58  Minn,  393;  Am.  and  Eng. 
Ency.,  V.  I,  title  Animals. 

Right  to  Acquire  Property. 
Property  may  not  be  acquired  by  immoral  methods ;  see  Rev.  Stat,  titles 
"Larceny,"  "Robbery,"  "Frauds,"  "Cheating  by  false  pretenses,"  "Gamb- 
ling," "Contracts,"  "Usury,"  etc.,  nor  by  methods  detrimental  to  the 
public  health  or  to  the  general  welfare;  Rev.  Stat,  titles;  intoxicating 
liquors,  obscene  Hterature,  unwholsome  food,  nuisances,  trusts,  contracts  * 

in  restraint  of  trade,  etc.,  6  Me.  412,  11  Me.  208;  12  Me.  403;  33  Me.  558; 
2^7  Me.  156;  42  Me.  299;  45  Me.  560;  47  Me.  187;  58  Me.  590;  65  Me.  122; 
66  Me.  71 ;  83  Me.  422;  police  power  of  State  in  regulating,  restraining  or 
prohibiting  certain  trades  and  business;  79  Me.  386;  86  Me.  102;  87  Me. 
145;  6  Southern  L.  Rep.  59;  6  Am.  L.  Mag.  97;  Rep.  Soc.  Sci.  Ass'n,  1861, 
p.  382;  20  Cent.  L.  Jr.  382;  25  Am.  L.  Rev.  170;  2  Kent  340,  note  2. 
Cooley's  Constit'l.  Limitations  472-596.  Police  power  of  Boards  of 
Health;  6  L.  J.'  35;  3  Am.  Soc.  Sci.  J.  97;  15  Fed.  Rep.  524;  12  West.  Jr. 
461 ;  3  Kan.  L.  J.  368;  14  Chic.  L.  N.  256;  18  Chic.  Leg.  News  339;  Black 
on  Prohibition;  4  Blackstone  170. 

Right  to  Possess  and  Protect  Property. 

Citizen  cannot  be  deprived  of  his  property  by  retrospective  laws;  see 
Const.  Me.  Art.  i.  Sec.  11 ;  2  Me.  275;  14  Me.  344;  24  Me.  520;  26  Me. 
191 ;  50  Me.  II ;  65  Me.  128;  -jy  Me.  482. 

Limiting  or  taking  away  legal  remedies  for  recovery  of  property;  18 
Me.  409;  23  Me.  318;  24  Me.  299;  42  Me.  429;  45  Me.  507;  60  Me.  172. 

Property  cannot  be  taken  without  just  compensation,  10  Me.  447;  12 
Me.  222;  law  must  provide  means  of  compensation;  34  Me.  247;  40  Me. 
548;  47  Me.  189;  may  be  taken  before  compensation  is  made;  34  Me.  247; 
40  Me.  317-548;  43  Me.  356;  75  Me.  91 ;  47  Me.  189,  345. 

Public  use  necessary  to  legal  taking;  60  Me.  124;  75  Me.  91;  78  Me. 
532;  83  Me.  42;  83  Me.  440;  what  is  a  just  compensation;  60  Me.  290;  71 
Me.  106;  79  Me.  363;  82  Me.  17;  83  Me.  42;  85  Me.  109;  must  be  taken 
for  pubHc  use  only;  78  Me.  532;  7  Me.  273 ;  8  Me.  365;  see  titles — Eminent 
domain.  Damages,  Const.  Law  in  Savage's  Index  Digest;  4  Am.  L.  Reg. 
641 ;  Compensation;  530  L.  Rev  i ;  14  Am.  L.  Rev.  129;  3  Cent.  L.  J.  17; 
13  Alb.  L.  J.  246;  15  Am.  L.  Reg.  (N.  S.)  193;  26  L.  Rep.  481 ;  139  Blkw. 
635- 

Protection  of  Property  by  Government  and  Laws. 

Compensation  for  injury  or  loss  of  property  by  riots,  mobs,  war,  etc.; 
See  Conn.  Art.  i  Sec.  5;  Rev.  Stat.  Chap.  123,  sec.  15;  Pump  Court 
(Eng.)  3,  121;  Leonard  Brightman,  et  als,  63  Me.  46;  65  Me.  426;  25 
Vroom  (N.  J.)  Rev.  Stat.  (N.  Y.  1896),  p.  589;  Rev.  Stat.  Mass.,  1882, 
Chap.  206,  Sec.  8. 

Compensation  for  property  taken,  used  or  destroyed  for  the  protection 
of  public  safety,  health,  etc.;  see  R.  S.,  Chap.  14,  Contagious  Diseases; 
17  Me.  221:  28  Me.  225:  52  Me.  118:  55  Me.  135:  60  Me.  408:  64  Me.  120: 
65  Me.  405 :  66  Me.  309 :  67  Me.  370. 

Fines,  see  R.  S.,  Chap.  26:  18  Me.  32:  40  Me.  289,  391 :  51  Me.  264:  53 
Me.  526 :  54  Me.  256 :  63  Me.  47. 


12  THE    CONSTITUTION    OF   THE   STATE   OE    MAINE. 

Towns  are  not  liable  for  property  used  or  destroyed  unless  compensa- 
tion therefor  is  specially  provided  for  by  statute.  3  Me.  369 :  46  Me.  127 : 
52  Me.  118. 

Damage  or  destruction  of  property  without  compensation.  23  N.  J.  L. 
9:  3  Calif.  69:  2  Denio  461 :  39  Iowa  575:  61  Penn.  St.  233:  8  Gray  409: 

43  Me.  322:  Cooley  Const.  Limt.  384;  2  N.  H.  532:  i  Sutherland  Damages 
4:  62  Me.  175:  18  Pick.  117:  Am.  and  Eng.  Ency.  Law,  vol.  5,  title 
Damages:  9  Irish  Law  Times  219:  66  L.  T.  184:  18  Sol.  J.  and  Rep.  79: 

2  Am.  L.  Reg.  641 :  11  West  Jurist  689:  Irish  L.  T.  219. 

Property  may  be  destroyed  by  law  without  compensation  when  wrong- 
fully used.     See  State  vs.  Intoxicating  Liquors  50  Me.  506:  2  Casey  414: 

3  H.  and  J.  R.  231 :  125  Mass.  232:  135  Mass.  508. 

Government  does  not  insure  property  against  loss  or  damage  by  act  of 
God.     See  Angell  on  Watercourses,  Sec.  336. 

Property  may  be  taken  in  the  form  of  taxes  legally  assessed  without 
other  return  than  public  benefits.     See  Legislative  power  to  tax,  taxes,  etc. 
.  Protection  of  personal  property  by  the  owner  thereof.     Crim.  Law  Mag. 

9-266.  331,  720,  970,  986.  May  protect  his  household,  wife  and  children 
even  to  the  use  of  force  in  their  defence;  see  title  Self  Defence  Crim. 
Law  Magazine  9,  986,  11,  659,  721,  287,  426,  564,  735,  868.  Individuals 
may  combine  for  purposes  of  defence -of  persons  and  personal  property. 
Crim.  Law.  Mag.  11-716.  See  Right  of  Self  Defence;  see  16  Crim.  Law. 
Mag.  675,  8  Crim.  Law  Mag.  82S,  699,  98.  See  Homicide,  trespass,  trover, 
replevin,  Savage's  Digest. 

DECLARATION   OF  RIGHTS. 
Article  I. 

Real  property  being  for  the  most  part  tangible  and  immovable  is  pro- 
tected by  title  and  by  laws  and  may  not  be  defended  by  force  to  the  extent 
of  homicide.     See  Crim.  Law  Mag.  vols.  1-18. 

Section  2.  All  power  is  inherent  in  the  people;  all  free  governments 
are  founded  in  their  authority  and  instituted  for  their  benefit;  they  have 
therefore  an  unalienable  and  indefeasible  right  to  institute  government, 
and  to  alter,  reform,  or  totally  change  the  same,  when  their  safety  and 
happiness  require  it. 

All  power  is  inherent  in  the  people.  See  Preamble  Constitution  U.  S. 
A.  Lincoln's  Gettysburg  speech.  "The  government  of  the  Union  is  a 
government  of  the  people.  In  form  and  substance  it  emanates  from  them. 
Its  powers  are  granted  by  them,  and  are  to  be  exercised  directly  by  them 
and  for  their  benefit."  4  Wheat.  316;  i  Wheat.  304;  2  Dall.  419;  12 
Wheat.  455;  19  How.  393;  7  Peters  243;  6  Peters  515;  3  Dall.  199;  6 
Wheat.  264;  12  Peters  657;  9  Wheat.  187;  5  Wheat.  420;  12  Wall.  457; 

44  N.  Eng.  552;  46  Compt.  Rev.  24;  125  Westm.  R.  355;  63  Atlantic  433; 
3  Forum  364;  7  Educa.  Rev.  456;  3  Lend  a  Hand  551;  3  Jour.  Jur.  57; 
127  N.  Am.  359. 

State  and  Citizen;  4  Lend  a  Hand  3;  6  Sat.  Rev.  182;  174  Educa.  E. 
271;  8  Educa.  447;  no  Eel.  M.  317;  2  Arena  229;  2  Cosmopl.  39;  64 
Atlantic  557;  i  Scrib.  M.  661;  146  Blkw.  M.  276;  7  Forum  235;  60  Con- 
temp.  R.  788;  7  And.  R.  391. 

Citizenship  and  its  Value;  136  N.  Am.  R.  541. 

Obligations  of;  2  Kansas  R.  525. 

Who,  citizen;  18  Am.  L.  R.  83. 

People  and  citizens,  synonymous  terms;  see  Dred  Scott  vs.  Sandford 
19  How.  393. 

People;  22  Scrib.  M.  353,  570,  723;  State  vs.  Man;  47  Contemp.  R. 
485 ;  27  Pop.  Sci.  M.  165 ;  2  Johns  Hopk.  Univ.  Stud.  347. 

Functions  of  Government;  6  Wheat.  264;  So.  Sci,  Ass'n  260  (1868.) 

General  references;  TJ  N.  Am.  R.  106;  38  Dem.  R.  42;  16  Am.  Presb. 
E.  459;  20  Princet.  R.  380;  113  Westm.  R.  91;  58  McMillan  421;  43  N. 


THE    CONSTITUTION    OF   THE    STATE    OE    MAINE.  13 

Eng.  487;  24  Good  Words  561 ;  7  Am.  Cath.  Q.  577;  8  Am.  Cath.  Q.  716; 
38  Pop.  Sci.  M.  622;  8  Educa.  428;  45  Nation  453;  150  N.  Am.  R.  205; 
13  South.  Hist.  Pap.  342;  3  DeBow  (n.  s.)  146;  58  Sat.  R.  593;  60  Sat.  R. 
798;  61  Sat.  R.  39,  214;  38  Fortn.  R.  485;  19  Nineteenth  Cent.  177;  137 
Black.  577;  34  Nation  297;  137  N.  Am.  R.  317;  104  Eel.  M.  609. 

Representative  Government;  12  N.  Am.  R.  346;  24  Fortn.  R.  102;  3  E. 
T.  R.  410;  54  N.  Am.  R.  228;  9  Dem.  R.  434;  28  Niles  Register  193;  12 
N.  Am.  R.  340;  7  Am.  Whig  R.  280;  68  Westm.  R.  454;  42  Law  Times 
301 — 360;  loi  N.  Am.  R.  612;  136  Ed.  R.  83. 

Right  of  people  to  alter  or  amend  form  of  government.  The  people 
may  alter  or  amend  their  form  of  government  in  a  legal  and  orderly 
manner.  See  Constitution  of  Maine,  Art.  4,  Part  3,  Sec.  15  (Const.  Con- 
ventions), and  Art.  10,  Sec.  2  (Legislative  Amendments)  ;  see  also 
Constitution  of  U.  S.,  Art.  5  (Amendments) ;  3  Dallas  378;  Amendments 
to  Constitution  of  Maine  in  accordance  with  resolves  and  a  vote  of  the 
people.  Amendments  numbered,  Art.  i,  Resolves  of  March  7,  1834;  Art. 
2,  Resolves  March  30,  1837;  Art.  3.  Resolves  March  14,  1839;  Art.  4, 
Resolves  April  16,  1841 ;  Art.  5,  Resolves  March  19,  1844;  Art.  6,  Resolves 
July  19,  1847;  Art.  7,  Resolves  August  12,  1847;  Art.  8,  Resolves  August 
21,  1850;  Art.  9,  Resolves  March  17,  1855;  Art.  10,  Resolves  March  24, 
1864;  Art.  II,  Resolves  March  7,  1868;  Art.  12,  Resolves  March  13,  1869; 
Arts.  13,  14,  15,  16,  17,  18,  19,  20,  21,  Resolves  February  24,  1875;  see 
also  Resolves  January  12,  1875;  Art.  22,  Resolves  February  9,  1877;  Art. 
23,  Resolves  March  4,  1879;  Art.  24,  Resolves  January  27,  1880;  Art.  25, 
Resolves  March  18,  1880;  Art.  26,  Resolves  February  21,  1883;  Art.  2y, 
Resolves  March  10,  1887;  Art.  28,  Resolves  March  31,  1891 ;  Art.  29, 
Resolves  April  2,  1891 ;  Art.  30,  proposed  by  Resolves  March  27,  1897. 

Changes  in  government  are  also  effected  by  changes  in  law,  through 
legislative  action,  by  decisions  of  the  courts,  and  by  reforms  effected  in 
different  departments  of  the  government  through  the  power  of  the  ballot. 
See  Ballot  in  America,  i  Mo.  L.  Mag.  153;  53  Law  Times  388;  48  Law 
Times  2;  53  Law  Times  212;  i  Am.  Jour.  Soc.  Sci.  91;  56  Law  Times 
265;  Elections,  17  Am.  L.  Reg.  (n.  s.)  104;  Sources  of  Law,  29  Dem. 
Judge  made  Law,  5  Irish  L.  Times  14;  5  Law  Mag.  and  Rev.  i;  6  Law 
Mag.  and  Rev.  i;  7  Law  Mag.  and  Rev.  i;  Law  mutable,  justice  immu- 
table, 2  Jour.  Jur.  I ;  Basis  and  bond  of  society,  41  Leg.  Inst.  396 ;  7  N.  J. 
Law  Jour.  377;  i  L.  Mag.  and  Rev.  107,  301 ;  15  L.  Rev.  365;  7  L.  J.  832; 
12  L.  Rev.  150;  45  L.  Mag.  90;  Reform  in  government,  11  Albany  L.  J. 
265;  9  Forum  47;  52  N.  Eng.  107;  44  Nation  422;  6  Forum  54,  600;  4 
Victorian  Rev.  i;  13  Albany  L.  J.  266;  11  Pittsburg  Leg.  J.  194;  45  N. 
Eng.  303,  599,  851;  39  Fortn.  Rev.  6qi ;  Oliver  Cromwell's  reforms,  44 
L.  Times  38. 

Right  of  the  people  to  abolish  the  government  by  force  or  otherwise. 
See  Declaration  of  Independence.  This  right  is  recognized  in  the  Con- 
stitution and  Declaration  of  Rights  of  nearly  every  state  in  the  Union. 
See  Constitutions.  See  also  58  N.  Am.  Rev.  371;  13  Dem.  Rev.  372; 
22  Dem.  Rev.  122;  i  Dem.  Rev.  532;  36  Dem.  Rev.  281 ;  Inherent  in  people, 
15  Southern  Rev.  (n.  s.)  385;  Revolution  1776  and  1861  contrasted,  i 
Forum  405;  50  Contemp.  R.  413;  107  Eel.  Mag.  626;  Revolution  and 
reform,  32  Am.  Church  Rev.  346;  88  Edbg.  Rev.  360;  37  Nation  137; 
5  New  Rev.  57;  137  Edbg.  Rev.  348;  7  Forum  165;  6  People's  Jour.  107; 
Revolution  vs.  Rebellion,  3  People's  Jour.  135;  What  is  Revolution?  14 
Pamphleteer   47.     English    Revolutions,    no   Eel.    Mag.   217;    118   Edbg. 

R-  530. 

The  Union  cannot  be  dissolved  by  action  of  the  States.  6  Wheat. 
264,  381. 

Secession  did  not  sever  the  union  of  the  States.  Texas  vs.  White, 
7  Wall.  700. 

Union  indissoluble.  See  Webster's  Speeches ;  Jackson's  proclamation 
to  South  Carolina;  Const.  U.  S.,  Art.  4,  Sec.  2;  4  Wheat.  316;  9  Wheat. 


14  the:    constitution    of   THie    STATE    OF    MAINE. 

i;  22  How.  227;  2  Black.  620;  100  U.  S.  Rep.  257;  135  U.  S.  Rep.  2,  61; 
13  Wallace  397;  16  Peters  435;  94  U.  S.  Rep.  527. 

Right  of  secession.  15  Law  Mag.  and  Rev.  318;  16  Law.  Mag.  and 
Rev.  81,  212,  241;  26  Law  Rept.  70;  93  N.  Am.  Rev.  212.  Disunion,  12 
Law  Mag.  and  Rev.  359.  American  war  for  independence  was  waged 
in  defence  of  established  rights  and  was  not  a  revolution.  Hare's  Am. 
Const.  Law,  P.  9. 

DECLARATION   OF  RIGHTS. 

Religious   Freedom. 

Section  3.  All  men  have  a  natural  and  unalienable  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences,  and  no 
one  shall  be  hurt,  molested  or  restrained  in  his  person,  liberty  or  estate  for 
worshipping  God  in  the  manner  and  season  most  agreeable  to  the  dictates 
of  his  conscience,  nor  for  his  religious  professions  or  sentiments,  provided 
he  does  not  disturb  the  public  peace,  nor  obstruct  others  in  their  religious 
worship ; — and  all  persons  demeaning  themselves  peaceably,  as  good  mem- 
bers of  the  State,  shall  be  equally  under  the  protection  of  the  laws,  and 
no  subordination  nor  preference  of  any  one  sect  or  denomination  to  another 
shall  ever  be  established  by  law,  nor  shall  any  religious  test  be  required 
as  a  qualification  for  any  office  or  trust,  under  this  State ;  and  all  religious 
societies  in  this  State,  whether  incorporate  or  unincorporate,  shall  at  all 
times  have  the  exclusive  right  of  electing  their  public  teachers,  and  con- 
tracting with  them  for  their  support  and  maintenance. 

There  is  no  provision  in  the  Constitution  of  the  United  States  protecting 
the  citizens  of  the  respective  states  in  their  religious  liberties.  3  How. 
589;  4  Wall.  398. 

By  the  first  amendment  to  the  Constitution  of  the  United  States  the 
national  government  is  prohibited  from  making  any  law  respecting 
religion  or  the  free  exercise  thereof.  The  United  States  cannot  limit  the 
powers  of  the  state  governments  over  their  citizens  in  regard  to  this 
subject.  This  is  one  of  the  powers  reserved  to  each  state  or  to  the  people 
thereof.  5  How.  410;  92  U.  S.  542.  Polygamy  not  protected;  98  U.  S. 
145;  133  U.  S.  333.  By  the  Declaration  of  Rights  in  the  Constitution 
of  Massachusetts  of  1780  it  was  not  only  declared  to  be  the  right  of  all 
persons  to  worship  God,  but  it  was  also  declared  to  be  their  duty  to  wor- 
ship Him.  The  Legislature  of  that  Commonwealth  was  invested  with 
power  to  require  that  all  persons  should  attend  public  religious  worship 
and  contribute  to  the  support  of  the  same  and  with  the  authority  to.  pro- 
vide for  the  support  and  maintenance  of  Protestant  teachers  of  religion 
and  piety.  See  Declaration  of  Rights,  Sec.  2,  Const,  of  Massachusetts, 
1780;  see  also  Debates  on  Constitution  of  Maine,  1819,  p.  71-87.  Petition 
of  Catholics  there  referred  to. 

Copy  of  a  petition  sent  by  the  Committee  of  the  Roman  Catholics  of 
Newcastle  to  the  Convention  chosen  to  form  a  constitution  for  the  new 

STATE  OF   MAINE. 

To  the  Hon.  Convention  to  be  convened  at  Portland  on  the  second 
Monday  in  October,  A.  D.  1819,  for  the  purpose  of  forming  a  constitution 
or  frame  of  government  for  the  State  of  Maine. 

We  the  subscribers,  inhabitants  of  Maine  and  members  of  the  Catholic 
Church,  being  a  committee  appointed  specially  for  this  purpose,  by  a 
branch  of  the  same  Church  at  Damariscotta,  beg  leave  humbly  and 
respectfully  to  address  your  Hon.  Body  in  behalf  of  the  Catholics  of 
Maine. 

Nearly  three  centuries  have  elapsed  since  the  Catholic  religion  has  been 
proscribed  by  the  laws  of  the  country  from  which  our  pious  ancestors 
came.  Our  ancestors  unfortunately  imbibing  the  spirit  which  dictated 
those  proscriptive  laws,  established  the  same  system  of  exclusion  in  this 


THE    CONSTITUTION    OP   THE)    STATE)    OF    MAINE).  15 

happy  country.     From  the  first  settlements  of  Massachusetts  by  Europeans 
to  our  revolutionary  war  the  Catholic  had  been  deprived  of  the  rights 
of  a  citizen;  and  since  the  adoption  of  the  Constitution  of  this  state  no 
Catholic  could  hold  any  office  of  honor  or  trust  because  he  would  not 
betray  his  conscience  or  his  religion.     The  oath   of  abjuration  in  that 
sacred  instrument,  so  far  as  it  relates  to  the  spiritual  primacy  of  the 
Bishop  of  Rome,  no  Catholic  can  take  or  subscribe,  while  he  is  obhged 
by  law  to  fight  for  national  rights;  while  he  cheerfully  takes  up  arms 
in  the  defense  of  his  native  country;  while  he  pays  his  just  proportion  of 
the  public  taxes,  he  lives  an  ahen  on  the  very  inheritance  of  his  father; 
and  what  had  he  done  to  be  thus  deprived  of  the  natural  and  inalienable 
rights  of  a  citizen?     Nothing,  but  he  is  a  Catholic.     Whatever  necessity 
there  might  have  been  in  a  political  point  of  view  for  proscribing  Catho- 
lics throughout  the  British  Empire  in  the  sixteenth  century,  that  necessity 
has  certainly  ceased  in  this  Country.     The  laws,  therefore,  ought  to  cease 
also.     If  to  effect  a  mighty  revolution  in  the  religion  of  a  large  and  respect- 
able portion  of  the  christian  world,   penal   laws  against  Catholics  were 
necessary,  now  since  that  revolution  has  resulted  in  the  quiet  and  permanent 
establishment  of  the  protestant  religion,  there  no  longer  exists  the  least 
necessity  for  those  laws.     In  Great  Britain  and  Ireland,  where  those  laws 
were  the  most  severe  and  of  the  longest  continuance  to  wit:   from  the 
reign  of  Henry  VIII  down  to  George  III  inclusive,  the  Catholic  is  now 
raised  to  an  equality  with  his  fellow  citizens,  and  shall  it  be  said  that  the 
enlightened  State  of  Maine  is  less  wise,  less  just,  less  human  than  an 
old  and  corrupt  monarchy?     Forbid  it  Heaven.     Were  there  any  known 
public  and  acknowledged  dogmata  of  the  Catholic  Church  hostile  to  gov- 
ernment in  general,  or  to  republican  institutions  in  particular,  the  under- 
signed would  be  silent :  they  would  be  ashamed  to  approach  your  Hon. 
Body  and  ask  for  the  enjoyment  of  those  immunities,  those  rights  which 
were  given  by  our  Creator  to  every  citizen.     But  whatever  party  writers, 
in  party  times  and  for  party  purposes  may  have  said  or  whatever  religious 
bigots  may  have  written,  to  establish  upon  a  permanent  foundation  the 
Reformation,  it  is  now  universally  acknowledged  by  all  candid  and  learned 
Protestants  of  all  sects,  that  there  is  nothing  in  the  acknowledged  doctrine 
or  discipline   of  the  Catholic   Church,   which  is   in  the   remotest  degree 
unfriendly  to  republican  institutions:  on  the  contrary,  it  is  an  admitted 
fact  that  the  Catholics  of  the  British  Empire  as  well  as  those  of  this 
country,  always  have  been  strenuous  asserters  and  heroic  defenders  of 
the  equal  rights  of  man.     A  reference  to  Protestant  English  historians 
will  prove  this  important  fact  incontestably.     It  is  painful  to  the  under- 
signed, who  duly  appreciate  the  blessings  of  freedom,  to  be  obliged  to 
defend   the   religion   of  their   ancestors   from   charges   which   never  had 
existence  except  in  the  brains  of  designing  men,  who  propagated  them 
for  the  purposes  of  ambition  and  self  aggrandizement.     The  God  of  nature 
designed  that  all  men  should  enjoy  equal  rights  and  privileges  without 
any  regard  to  their  religious  dogmata.     That  religion  is  a  matter  between 
the  Creator  and  the  creature,  and  that  the  creature  is  amenable  for  his 
religious  belief  to  no  being  but  his  God  are  principles  which  it  cannot  be 
necessary  to  prove  in  the  enlightened  nineteenth  century.     If  the  Catholic 
demean  himself  as  a  peaceable  citizen,  if  he  in  his  religious  worship  do 
not  disturb   the   public   peace   or   introduce   indecencies  or   immoralities, 
tending  to  the  subversion  of  civil  society;  if  he  takes  up  arms  and  march 
to  the  field  of  battle  in  defence  of  the  sepulchres  of  our  forefathers  and 
in  maintenance  of  the  rights,  the  honor,  the  liberties  and  independence 
of  his  country :  the  undersigned  are  utterly  unable  to  see  why  he  should 
not  enjoy  equal  privileges  and  immunities  with  his  fellow  citizens.     The 
excuse  for  disfranchising  Catholics  in  Great  Britain  and  Ireland,  as  well 
as  in  this  country,   is   that  they  are   obliged  by  the  principles  of  their 
religion  to  bear  true  faith  and  allegiance  to  a  foreign  power,  that  is  to  say 
the  Bishop  of  Rome,  commonly  called  the  Pope,  and  it  is  admitted  that 


16  THE    CONSTITUTION    OF   THE    STATE   OE    MAINE. 

were  it  not  for  this  the  CathoHc  religion,  however  erroneous  and  full  of 
superstition  ought  nevertheless  to  be  tolerated  in  a  protestant  state.  The 
undersigned  beg  leave  respectfully  to  state  in  few  words,  to  Your  Hon. 
Body  the  real  doctrine  of  the  Catholic  Church  upon  this  subject.  She 
beheves  and  teaches  that  St.  Peter  was  constituted  by  Jesus  Christ  the 
head,  speaker  or  prolucutor  of  the  Apostles.  That  as  St.  Peter  made 
Rome  his  diocese,  every  succeeding  Bishop  in  that  diocese,  is  also  by 
divine  right  Head,  Speaker,  Prolucutor  of  Christ's  Church  upon  earth. 
That  this  primacy  is  purely  spiritual,  and  that  no  Catholic  on  earth,  living 
out  of  Italy,  is  any  more  bound  by  the  principles  of  his  religion  to  bear 
Faith  and  allegiance  to  the  Bishop  of  Rome,  as  a  temporal  Prince,  than  he 
is  to  bear  true  faith  and  allegiance  to  the  Emperor  of  Morocco.  We 
acknowledge  the  Bishop  of  Rome  to  be  merely  the  Prolucutor  of  the 
Church,  simply  first  among  equals.  This  is  all  the  faith  and  allegiance 
Catholics  owe  him  or  acknowledge.  This  doctrine  is  proved  beyond  the 
power  of  contradiction  in  the  history  of  Charles  V,  Emperor  of  Germany, 
a  zealous  catholic;  and  also  the  conduct  of  the  English  and  the  Irish 
Catholics  under  the  reigns  of  Henry  VIII  and  succeeding  sovereigns.  So 
that,  were  the  United  States  at  war  with  the  Pope,  as  in  the  above  and 
other  innumerable  circumstances,  the  undersigned,  as  well  as  all  Catholics, 
except  those  who  live  in  Italy — the  Pope's  dominions — would  feel  it  their 
bounden  duty,  by  the  principles  of  their  religion,  to  take  up  arms  and 
fight  and  conquer  him  by  all  the  means  of  civilized  warfare.  Where  then 
is  their  faith  and  allegiance  to  the  Pope?  It  never  had  existence  except 
in  the  illusions  of  bigotry.  As  an  ecclesiastical  personage  all  Catholics 
acknowledge  the  Pope  as  the  visible  head  of  Christ's  Church  on  earth. 
In  this  sense  they  can  never  abjure  his  power.  In  all  other  respects  the 
Catholic  Church  always  has  and  always  will  readily  abjure  his  authority. 
They  therefore  humbly  pray  your  Honorable  Body  to  place  the  Catholics 
of  Maine  upon  an  equality  with  their  Protestant  fellow  citizens  (an 
equality  they  enjoy  in  every  other  state  of  the  Union),  and  that  the 
Constitution  which  you  are  about  to  frame  as  the  fundamental  law  of  this 
State  may  contain  no  clause  or  provision  requiring  any  man  to  renounce 
his  religion  or  become  proscribed:  to  either  betray  his  conscience  or  be 
debarred  of  the  privileges  and  immunities  of  the  citizen  and  as  in  duty 
bound  will  ever  pray. 

(Signed)  James  Kavanagh, 

Matthew  Cottrill, 
Wm.  Moony. 
Newcastle,  Oct.  12,  1819. 

Religious  teaching  in  public  schools  not  a  denial  of  religious  freedom. 
Bible  in  Schools.  See  Donahue  vs.  Richards,  38  Maine  376;  12  Allen  127; 
7  Am.  L.  Reg.  417;  95  111.  263;  64  Iowa  367.  Contra  see  23  Ohio  St.  211 ; 
76  Wis.  177;  24  Am.  L.  Reg.  (n.  s.)  252;  30  L.  Mag.  and  Rev.  48;  13 
Bib.  Sacra  725 ;  7  Penn.  Co.  Ct.  R.  609;  16  Penn.  Co.  Ct.  R.  186;  25  Pittsbg. 
Leg.  Jr.  381;  I  Ohio  N,  P.  140.  General  references;  Bible  in  Public 
Schools;  I  Am.  Inst.  Instruction;  48  Mo.  Rel.  M.  261;  i  Old  and  New 
317;  6  N.  Eng.  230,  299;  23  Fortn.  R.  308;  29  N.  Eng.  496;  2  Univ.  Q.  92; 
7  Forum  52;  6  Our  Day  115;  Q  Nation  430;  10  Nation  219;  31  Univ.  Q. 
261;  45  Mo.  Rel.  M.  113;  48  Mo.  Rel.  M.  261  ;  u  South.  R.  (n.  s.)  371; 

1  Congr.  562;  ii'Cath.  World  91;  36  Cath.  World  713;  11  And.  R.  582; 

2  Educa.  R.  105. 

Right  to  Equal  Protection  in  Religion.  13  Miscellaneous  Rep.  (N.  Y.) 
587;  42  111.  App.  594.  The  more  recent  decisions  of  the  courts  indicate 
a  tendency  toward  the 'doctrine  that  the  use  of  the  Protestant  Bible  in 
the  public  schools  or  any  religious  exercises  therein  during  school  hours 
is  unconstitutional  and  an  interference  with  religious  freedom  and  equality 
of  the  individual  before  the  law.  See  76  Wis.  177;  17  Penn.  Co.  Ct.  Rept. 
609;  16  Penn.  Co.  Ct.  Rep.  186;  Pittsbg.  Leg.  Jour.  381;  i  Ohio  N.  P. 


THi;    CONSTITUTION    OF   THE)    STATE   01?    MAINE).  17 

140;  4g  Century  943;  144  Westm.  Rev.  203;  145  Westm.  Rev.  197.  See 
also  fourteenth  amendment  of  Constitution  of  U.  S.,  which  protects  the 
equality  of  religious  and  civil  rights  of  the  individual  against  state 
aggression;  U.  S.  Dept.  109,  3  16  Wall.  36;  113  U.  S.  27,  703;  129  U.  S. 
114;  116  U.  S.  252;  100  U.  S.  339;  94  U.  S.  113;  3  How.  588;  60  Me.  508; 
62  Me.  36;  65  Me.  121 ;  69  Me.  280;  74  Me.  141 ;  76  Me.  326;  yy  Me.  216; 
86  Me.  498;  90  Me.  105;  94  Me.  200;  95  Me.  185. 

Law  prohibiting  work  or  business  on  Sunday  is  not  interference  with 
religious  freedom  and  equality.  See  161  111.  296;  13  Miscellaneous  Rep. 
(N.  Y.)  587;  34  Fla.  440;  Sunday  Law  a  public  regulation;  24  W.  Va. 
783;  Does  not  violate  Bill  of  Rights;  56  Md.  227;  78  Md.  510;  42  111.  App. 
594.  A  civil  regulation,  122  Mass.  40;  and  does  not  impose  any  religious 
duty,  8  Penn.  St.  312;  18  Cal.  678.  Seventh  Day  Sabbatarians;  loi  Mass. 
30.  Sunday  Laws;  18  Am.  L.  Rev.  778;  15  L.  T.  315;  2  Forum  182;  24 
Jour.  Jur.  212;  14  Am.  L.  Rev.  585.  Civil  Legislation  of  a  religious 
character,  14  W.  L.  Bui.  379 ;  Recent  decisions  under,  8  Albany  L.  J. 
161.  What  they  mean;  13  West.  Jur.  486;  12  Chic.  Leg.  N.  21 ;  4  Va. 
L.  J.  141;  15  Leg.  Observer  337;  33  Alb.  104;  51  L.  T.  172;  2  New  Prin. 
Rev.  37;  General  reference;  20  Forum  733.  Civil  Right,  8  Canada  M. 
165 ;  145  Westm.  485 ;  146  Westm.  R.  255,  357 ;  4  McClure  370 ;  62  Cath. 
World  250.  As  a  civil  institution;  4  Prin.  Rev.  496;  31  Am.  Ch.  Rev. 
462;  114  Ed.  Rev.  535;  6  Penny's  Mthly.  14;  31  Prin.  Rev.  733;  2  Am. 
L.  Rev.  226;  I  Granite  Mthly.  378;  30  Pop.  Sc.  Mthly.  11;  2  Forum  182; 
2  Presby.  (Cath.)  87.  Sunday  Opening  of  Libraries;  9  Library  Jour.  85; 
53  Sat.  Rev.  655;  15  Nineteenth  Cent.  416.  , 


DECLARATION   OF  RIGHTS. 

Freedom  of  Speech  and  Publication. 

Section  4.  Every  citizen  may  freely  speak,  write  and  publish  his  senti- 
ments on  any  subject,  being  responsible  for  the  abuse  of  this  liberty;  no 
laws  shall  be  passed  regulating  or  restraining  the  freedom  of  the  press; 
and  in  prosecutions  for  any  publication  respecting  the  official  conduct  of 
men  in  public  capacity,  or  the  qualifications  of  those  who  are  candidates 
for  the  suffrages  of  the  people,  or  where  the  matter  published  is  proper 
for  public  information,  the  truth  thereof  may  be  given  in  evidence,  and 
in  all  indictments  for  libels,  the  Jury,  after  having  received  the  direction 
of  the  Court,  shall  have  a  right  to  determine,  at  their  discretion,  the  law 
and  the  fact.     62  Maine  510. 

Right  of  free  speech.  See  Bill  of  Rights,  N.  H.,  Sec.  22,  30;  Vt.,  Sec. 
13;  Mass.,  Sec.  16,  21;  R.  I.,  Sec.  20;  Conn.,  Sec.  5;  N.  Y.,  Sec.  8;  N.  J., 
Sec.  5;  Penn.,  Art.  10,  Sec.  7;  Del.,  Art.  i.  Sec.  5;  Md.,  Sec.  8;  Va.,  Sec. 
12;  Fla.,  Art.  i.  Sec.  5;  Ala.,  Art.  i,  Sec.  8;  Miss.,  Art.  i.  Sec.  6  and  7; 
La.,  Title  6,  Sec.  106;  Tenn.,  Art.  i.  Sec.  19;  Ky.,  Art.  13,  Sec.  9  and  10; 
Ohio,  Art.  i,  Sec.  11;  Ind.,  Art.  i.  Sec.  9;  111.,  Art.  13,  Sec.  23;  Mo., 
Art.  13,  Sec.  16;  Ark.,  Art.  2,  Sec.  7  and  8;  Texas,  Art.  i.  Sec.  5  and  6; 
Iowa,  Art.  i.  Sec.  7;  Wis.,  y\rt.  i.  Sec.  3;  Cal.,  Art.  i,  Sec.  9;  Oregon, 
Art.  I,  Sec.  8;  Art.  i  Amendment  Const.  U.  S. ;  9  Am.  Bible  Repos.  368; 
2  Congreg.  675. 

Liberty  of  Speech  in  Legislative  Assemblys.  In  U.  S.  Congress,  see 
Const.  U.  S.,  Art.  i.  Sec.  6.  Development  of  this  right  in  English  Parlia- 
ment. Since  1541  it  has  been  the  custom  of  the  speaker  of  the  House 
of  Commons  at  the  opening  of  every  new  Parliament,  to  demand  freedom 
of  speech  for  its  members  of  the  King.  See  Rudolph  Gneist's  Hist.  Pari. 
241;  I  Blackstone  Com.  164;  7  Car.  and  Payne  737;  9  Ad.  and  Ellis  i; 
II  Ad.  and  Ellis  253;  Stat.  3  and  4  Vict.  9;  i  Sand.  133;  i  M.  and  S.  273; 
I  Esp.  R.  226.  Contest  for  free  speech  in  Parliament;  i  Brodie's  Const. 
Hist.  506.  Reason  why  there  should  be  free  speech  in  Parliament.  Case 
of  John  Elliott  tried  (in  1629)  for  seditious  speeches;  3  Howells  St. 
2 


18  THE    CONSTITUTION    OF   THE   STATE   OF    MAINE. 

Trials  294;  and  a  list  of  similar  cases  prior  to  that  time.  Privilege  secured 
by  I  Wm.  &  M.,  Stat.  2,  Chap.  2;  13  Howells  St.  Trials  1422;  6  Howells 
St.  Tri.  1291;  8  Howells  St.  Tri.  313;  6  Howells  St.  Tri.  1121  and  note. 
Powers  and  privileges  of  Parliament  enmiierated,  14  Howells  St.  Tri. 
695;  19  Howells  St.  Tri.  11 50;  8  Howells  St.  Tri.  i  and  note;  8  Howells 
St.  Tri.  8,  14,  61. 

Right  to  comment  and  speak  freely  concerning  public  officers,  see 
Const.  U.  S.  and  of  the  several  states. 

Under  Stat.  Westmr.  i  Edward  i  and  Stat.  2  and  12  Richard  2d,  words 
spoken  in  derogation  of  a  peer,  judge  or  other  great  officer  of  the  realm 
were  considered  "Scandalum  Magnatum,"  and  were  punished  as  high 
crimes.  See  Crabbe's  Hist.  Eng.  Law  554.  Enumeration  of  the  persons 
included  in  the  statutes  respecting  Scandalum  Magnatum,  3  Howells  St. 
Tri.  770,  case  of  Bisop  of  Lincoln;  10  Howells  St.  Tri.  1329,  125;  13 
Howells  St.  Tri.  1437;  Cases  of  this  kind  under  (Title  Libel)  John  Udall 
on  Stst.  23  Elizabeth  c.  2. 

Cruel  sentence  Star  Chamber  in  1630  for  libel  of  King  and  Church  of 
England;  Dr.  Leighton's  case,  3  Howells  St.  Tri.  385;  Mr.  Prynne's 
Summary  of  Hist.  Law  of  Libel,  3  Howells  St.  Tri.  714;  7  Howells  St. 
Tri.  962;  ID  Howells  St.  Tri.  125,  note  seditious  libel  breach  of  peace, 
17  Howells  St.  Tri.  225;  John  Wilkes  case,  19  Howells  St.  Tri.  990; 
Truth  of  statements  charged  not  admitted  to  justify  libel,  17  Howells  St. 
Tri.  658.  In  Peter  Zenger's  case  in  1735  in  New  York,  Mr.  Hamilton 
argued  that  truth  of  statement  should  be  admitted,  17  Howells  St.  Tri. 
700.  House  of  Lords  decided  in  1792  that  truth  of  libelous  matter  was 
immaterial,  22  Howells  St.  Tri.  298;  see  Finnerty's  case  in  1797,  26  How- 
ells St.  Tri.  1008;  Woodfall's  case,  whether  matter  libelous  a  question 
of  law  for  court,  20  Howells  St.  Tri.  913.  In  our  Declaration  of  Rights 
this  is  a  question  for  jury.  Ridiculing  government  is  libel,  29  Howells 
St.  Tri.  49. 

Slander. 
In  ancient  and  modern  times  governments  have  always  made  private 
reputations  one  of  the  objects  of  their  protection.  While  one  may  speak 
freely  upon  every  subject,  he  must  have  due  regard  not  only  for  the  rights 
and  reputations  of  others,  but  also  a  decent  respect  for  public  rights  and 
the  social  and  religious  institutions  of  civilized  hie.  See  2  Kent  16,  and 
cases  there  cited;  Ogders  on  slander,  p.  18-20.  Distinction  between  slan- 
der and  libel,  Townshend  on  Slander,  p.  19-40;  see  also  titles  Slan- 
der, Defamation,  Persecution,  Heresy,  Sedition,  Blasphemy,  Profanity, 
Calumny,  Brawling,  Scolding,  Menaces,  Deceit,  Perjury,  Treason,  etc.; 
See  Constitutional  Debates  of  Maine  1819,  p.  115;  Cooley  on  Torts,  title 
Slander;  Savage's  Index  Digest  Const.  Amd.  ist  U.  S. ;  6  Am.  Law  Rev. 
593;  7  Nation  365;  46  Chambers  J.  300;  54  Calhoun's  312;  68  Calhoun's 
310.  On  evil  speaking;  Slander  of  a  person  in  his  calling,  15  Am.  Law 
Rev.  573;  Precepts  for  slanders,  15  Scribner  214;  Limits  of  individual 
liberty,  136  N.  Am.  Rev.  40. 

Liberty   of   the   Press. 

Const.  Debates  Maine  1819,  p.  ;  Constitution  of  U.  S.,  Art.  i  Amend- 
ments. "Freedom  of  the  Press  is  one  of  the  great  bulwarks  of  Liberty 
and  can  never  be  restrained  but  by  despotic  governments,"  Virginia 
Declaration  of  Rights  1776;  see  Henning's  Stat,  at  Large,  vol.  i,-  p.  49; 
Const.  Va. ;  Liberty  of  the  Press  was  the  key-stone  to  the  arch  of  Human 
Liberty;  2  DeLolme's  Const.  Hist.  529.  See  Bill  of  Rights  of  different 
states  and  laws  thereunder. 

History  of  development  of  this  right.  In  1680  Chief  Justice  Scroggs 
announced  that  it  was  the  unanimous  opinion  of  the  Court,  that  no  paper 
could  legally  publish  any  news  of  the  day  except  by  authority  of  the 
government,  see  7  Howell's  St.  Tri.  1127.     See  comments  in  Sir  Philip 


the;    constitution    of   THJ:   state   of   MAINE.  19 

York  case,  17  Howell's  St.  Tri.  670,  707;  Lord  Mansfield's  charge  in 
Woodfall's  case,  20  Howell's  St.  Tri.  903;  Trial  of  Peter  Zenger  of  New 
York  in  1735,  indicted  for  libelling  the  governor  of  that  province  by- 
publishing  criticisms  of  one  of  the  officers  of  the  province,  17  Howell's 
St.  Tri.  626,  1797. 

Government  restrictions  upon  the  press  removed  in  1695  by  Parliament's 
refusal  to  longer  continue  restrictions  upon  newspapers,  McCauley  Hist. 
Eng.,  vol.  3,  p.  656.  For  a  concise  and  clear  history  of  the  growth  of  the 
liberty  and  power  of  the  press  in  England,  see  2  May's  Const.  Hist.  Eng. 
102;  J.  B.  Darley  in  the  Radical  95;  9  Gent.  Mag.  (N.  S.)  2;  P.  Bayne's 
Essays  322;  R.  Hall's  Miscel.  157;  2  Disraeli's  Curiosities  of  Lit.  2-399; 
Influence  of  Press,  49  Contemp.  Rev.  653;  41  Cath.  World  395;  16  Leisure 
Hour  2'j'j\  Censorship  of  Press,  i 'Forum  529;  In  Germany,  62  Spectator 
422;  4  Eng.  Hist.  Rev.  i;  40  Tinsley's  Mag.  120;  i  Templar  306;  In 
France,  13  Sol.  J.  and  Rep.  51;  i  Jurist  74;  117  Quarterly  R.  519;  Prose- 
cutions of  the  Press,  4  Taite's  (N.  S.)  257;  35  Blackwood  Mag.  295;  48 
Nation  173;  65  Sat.  Rev.  642;  66  Sat.  Rev.  103;  60  Spec.  1701  Libel. 

Abuse  of  freedom  by  press.  Libel,  D.  D.  Field  Speeches  547;  4  Taite's 
257;  13  Chic.  Legal  News  162;  2  Sol.  J.  and  Rep.  657;  20  Irish  L.  T.  425; 
81  L.  T.  308;  3  Law  Mag.  and  R.  (N.  S.)  679;  56  L.  T.  85;  81  L.  T.  308; 
3  Westm.  Rev.  285;  68  L.  T.  28;  50  L.  T.  131.  Licentious  press,  16 
Brownson's  R.  133;  i  Republic  188;  3  International  Rev.  479;  22  Ed. 
Rev.  72;  117  Quarterly  Rev.  519;  i  Ed.  Mo.  R.  558;  3  South.  R.  450;  3 
Westmr.  285;  18  Ed.  Rev.  98;  25  Ed.  R.  112;  35  Quart.  Rev.  566;  5  Am. 
Q.  71 ;  6  Pamphleteer  205;  6  Brownson's  R.  517;  22  Ed.  R.  72;  27  Ed.  R. 
102;  52  L.  T.  171 ;  18  Westmr.  R.  474;  7  Chic.  L.  News  137;  64  L.  T.  95; 
23  Sol.  J.  and  Rep.  169;  2  Jurist  592;  26  N.  West.  Rept.  671;  25  Am.  L. 
Reg.  509. 

DECLARATION   OF  RIGHTS. 

Unreasonable   Searches. 

Section  5.  The  people  shall  be  secure  in  their  persons,  houses,  papers 
and  possessions  from  all  unreasonable  searches  and  seizures ;  and  no 
warrant  to  search  any  place,  or  seize  any  person  or  thing,  shall  issue  with- 
out a  special  designation  of  the  place  to  be  searched,  and  the  person  or 
thing  to  be  seized,  nor  without  probable  cause,  supported  by  oath  or 
affirmation,      (ft.) 

Right  to  security  from  unreasonable  searches  and  seizures  of  person 
or  property.  History  of  this  right  in  England,  see  Entic  vs.  Carrington, 
19  Howells  State  Trials  1030;  Wilkes  vs.  Woods,  19  Howells  State  Trials 

II54- 

The  King  of  England  cannot  take  up  or  detain  his  meanest  subject  at 
his  mere  will  or  pleasure,  (i)  It  is  one  of  the  privileges  confined  b)"^ 
Magna  Charta,  (2)  that  no  man  shall  be  restrained  of  his  liberty  but  by 
the  law  of  the  land;  (3)  that  is,  says  Lord  Coke,  by  indictment  or  pre- 
sentment of  good  and  lawful  men  or  by  the  King's  writs  out  of  his  ordinary 
courts  of  justice,  (4)  or  by  lawful  warrant.  Every  lawful  warrant  (5) 
must  be  grounded  upon  oath,  must  plainly  and  specially  express  the  cause 
of  commitment;  (6)  must  be  under  the  hand  and  seal  of  one,  who  is 
authorized  to  do  it,  expressing  him  office,  place  and  authority  (7)  whereby 
he  committeth  and  must  conclude  "until  he  be  delivered  by  due  course 
of  law"  and  not  "until  further  ordered,"  or  with  such  like  conclusions. 
See  Emlyn's  Preface  to  Howells  State  Trials,  vol.  i,  p.  26. 

(1)2  Coke  Inst.  186;  (2)  Magna  Charta,  Ch.  29;  (3)  3  Coke  Inst.  46; 
(4)  2  Coke  Inst.  187;  (5)  2  Coke  Inst.  52;  (6)  2  Coke  Inst.  616;  (7)  2 
Coke  Inst.  591. 

(b)  13  Mass.,  286;  33  Me.,  564;  34  Me.,  126,  210;  42  Me.,  299;  47  Me.,  388; 
62  Me.,  421 ;  70  Me.,  466;  72  Me.,  435;  78  Me.,  488;  79  Me.,  103;  86  Me.,  146; 
90  Me.,  451 ;  94  Me.,  132.  * 


20  the;    constitution    of    THH    state    of    MAINE. 

Every  man's  house  his  castle;  Broom's  Maxims  321;  Lieber  on  Civil 
Liberty,  Ch.  6;  Chatham's  speech  on  General  Warrants;  May's  Consti- 
tutional History  of  England,  Chap.  2;  Hansard's  Debates,  vol.  15,  p.  1393. 
American  History  of  these  rights;  see  Cooley  Constitutional  Limitations 
299;  Story  on  the  Constitution,  Sec.  1901 ;  Quincy  Mass.  Rep.  51;  John 
Adams'  Works  523;  4  Bancroft  Fiist.  U.  S.  414:  5  Metcalf,  Mass.  98; 
41  Me.  74,  254;  10  Allen  403;  116  U.  S.  6t6;  See  14th  Amendment  Const. 
U.  S. ;  2  Hare's  Const.  Law  830;  2  Kent  i;  i  Hazard  Papers  408;  2 
Hutchinson's  Hist.  Mass.  64;  Revised  Laws  Mass.  1675;  Bayle's  Hist. 
Memoirs  229;  (Charters)  Va.  1609;  Mass.  Bay  Colony  1626;  Province 
of  Maine  1639;  Conn.  1662;  R.  L  1663;  Md.  1632;  Carolinas  1639;  Georgia 
1732;  Young's  Chronicles  of  the  Pilgrim  Fathers  95;  ist  Gen.  Court. 
Mass.  1634;  Winthrop's  Hist.  N.  Eng.  128:  Plymouth  Colony  Laws  1836, 
p.  36;  Statutes  1671,  p.  258;  New  York  Assembly  1691;  Trumbull's  Hist. 
Conn.  98;  Laws  Conn.  1672. 

The  Constitution  of  the  United  States,  4th  Amendment  is  a  Hmitation 
upon  the  national  government  but  places  no  limitation  upon  the  state 
government;  4  Cranch  75;  96  U.  S.  727;  5  How.  no;  116  U.  S.  616;  7 
How.  I,  66;  I  Abb.  U.  S.  317;  18  How.  271;  3  Cranch  448;  4  Wall.  119. 
But  see  14th  amendment  U.  S. ;  115  U.  S.  620. 

Search  of  the  person  of  a  criminal;  17  Central  L.  T-  121 ;  54  L.  T.  202. 
473;  55  L.  T.  292;  56  L.  T.  3,  375;  S7  L-  T.  134;  58  L.  T.  299;  59  L.  T. 
259;  24  Albany  Law  J.  405,  440. 

Security  of  private  property;  i  Am.  L.  Mag.  318. 

Seizure  during  war;  13  Albany  L.  J.  427;  8  Law  J-  72.  Confiscation 
of  property  used  in  aid  of  rebellion;  106  U.  S.  315;  11  Wall.  308;  War 
Right;  I  Kent  153.  Searches;  see  cases  in  Maine  under  title  Intoxicating 
Liquors,  Savage's  Digest. 

DECLARATION   OF  RIGHTS. 

CrtminaIv    Prosecutions. 

Section  6.  In  all  criminal  prosecutions,  the  accused  shall  have  a  right 
to  be  heard  by  himself  and  his  counsel,  or  either,  at  his  election ; 

To  demand  the  nature  and  cause  of  the  accusation,  and  have  a  copy 
thereof; 

To  be  confronted  by  the  witnesses  against  him; 

To  have  compulsory  process  for  obtaining  witnesses  in  his  favor ; 

To  have  a  speedy,  public  and  impartial  trial,  and,  except  in  trials  by 
martial  law  or  impeachment,  by  a  jury  of  the  vicinity.  He  shall  not  be 
compelled  to  furnish  or  give  evidence  against  himself,  nor  be  deprived 
of  his  life,  liberty,  property  or  privileges,  but  by  judgment  of  his  peers, 
or  by  the  law  of  the  land,     (a) 

Rights   in   Cuiminal   Cases. 

ist.     Right  to  be  heard  by  himself  and  counsel,  or  either  at  his  election. 

History  and  development  of  this  right.  See  Howell's  St.  Tri.  i,  p.  28 
Emlyn's  preface;  3  Coke  Inst.  79;  2  Howell't  St.  Tri.  1200;  vol.  4,  p.  126; 
vol.  5,  p.  63,  466;  vol.  6,  p.  516,  797;  vol.  7,  p.  149,  1523;  vol.  8,  p.  570,  726; 
vol.  9,  p.  724;  vol.  10,  p.  267;  vol.  II,  p.  525;  vol.  12,  p.  1382;  vol.  15,  p. 

(a)  Rights  of  persons  accused.  58  Me.,  580.  59  Me.,  140.  Confronted  by 
witnesses.  69  Me.,  401,  403.  39  Me.,  54.  Right  to  be  heard  by  counsel.  11 
Me.,  210;  47  Me.,  426;  58  Me.,  572;  i  Me.,  230:  11  Me.,  210;  37  Me.,  156,  165; 
39  Me.,  258;  47  Me.,  432;  55  Me.,  200;  58  Me.,  573,  594,  598;  59  Me.,  318.  549, 
553;  60  Me.,  122,  138,  509-12;  62  Me.,  37;  65  Me.,  121,  242;  66  Me.,  73;  70  Me., 
157;  71  Me.,  241;  77  Me.,  215;  78  Me.,  492;  80  Me.,  60;  86  Me.,  501;  90  Me.. 
105 ;  76  Me.,  326. 


the:  constitution  of  the:  state:  01?  Maine:.  21 

814;  vol.  17,  p.  430;  Stat.  7,  Will.  3,  ch.  3;  Stat.  Geo.  2d,  ch.  30;  3  Black. 
Com.  26;  Stat.  Westmr.  3,  ch.  10;  3  Black.  Com.  165;  4  Black.  Com.  355; 
3  Black.  Com.  27,  29;  i  Bish.  Crim.  Proced.,  sec.  11;  Foster  231;  Camp. 
Lives  Chief  Justices  59;  9  Tex.  Civ.  App.  57;  35  Am.  Rpts.  719;  51  Wise. 
615;  37  Am.  Rpts.  845.  Right  to  waive  service  of  counsel  and  other 
rights  discussed ;  Eng.  Crim.  Procedure,  35  Westmr.  Rev.  i ;  11  Law  J.  26 ; 
Eng.  and  Am.  Crim.  Proced.  92;  92  N.  Am.  Rev.  297;  French  and  Ger- 
man Crim.  Proced.,  N.  Am.  Rev.  75;  24  L.  R.  581;  6  Crim.  Law  Mag. 
182;  18  N.  Y.  136;  Cooley  Const.  Limit.  182;  3  Black.  Com.  2.  Duty  of 
Court  to  assign  counsel,  i  Bish.  Crim.  Proced.  1014;  Cooley  Const.  Limit. 
330;  51  Georgia.  Generally,  see  also.  Art.  6  Amendments  to  Const.  U.  S.; 
14  Amendment  same;  Const.  Debates  Maine  1819,  p.  897;  Mass.  Stat. 
1785,  ch.  23;  Mass.  Stat.  1789,  ch.  58;  6  Johns.  34;  3  Pick.  213;  3  Taunt. 
261;  2  Sand.  333;  5  Pick.  431.  See  titles  Attorney  and  client,  Privileged 
communications.  Savage's  Digest,  Eng.  and  Am.  Cyclopaedia  of  Law;  86 
Me.  368;  76  Me.  324.  Prisoner's  rights  generally,  17  Irish  L.  T.  656. 
Status  during  trial,  14  Irish  L.  T.  405.  Duty  of  counsel,  9  Sol.  J.  and 
Rep.  160.  Right  to  be  present  at  every  stage  of  the  trial,  13  Cent.  L.  J. 
467;  16  Am.  L.  Reg.  (N.  S.)  734;  72  L.'T.  62.  Right  to  counsel,  16  Irish 
L.  T.  616.  Untried  right  of  prisoner,  2  Leg.  Jour.  295.  Statement  of 
prisoner,  76  L.  T.  187;  i  Magistrate  18,  98.  Statements  of  his  counsel, 
17  Irish  L.  T.  644,  671;  76  L.  T.  172;  16  Chic.  L.  N.  132.  Declarations 
of  prisoner,  27  Jour.  Juri.  518;  5  Scottish  L.  M.  65.  Prisoner  as  a  wit- 
ness, 19  Albany  L.  J.  388,  428.  To  his  own  identity,  22  Albany  L.  J. 
144;  14  Irish  L.  T.  405;  30  Jour.  Jur.  638;  20'  19th  Century  453;  20  Irish 
L.  T.  578;  22  Canada  L.  T.  176;  23  Cent.  L.  J.  433.  553;  8  Crim.  L.  Mag. 
704;  ID  Irish  L.  T.  444;  18  Irish  L.  T.  304. 

2d.  Right  to  know  the  nature  and  cause  of  the  accusation,  and  have 
a  copy  thereof. 

History  of  this  right.  In  Roswell's  case,  Jeffries  refused  copy  of 
indictment,  10  Howell  St.  Tri.  266.  C.  Justice  North  in  case  of  five 
Popish  Lords  gave  his  opinion  that  no  prisoner  indicted  for  capital  offense 
was  entitled  to  copy,  7  Howell  St.  Tri.  1243,  except  by  leave  of  Court. 
In  Fitzharfis  case  copy  refused,  8  Howell  St.  Tri.  262;  Stat.  7  Anne,  ch. 
21,  sec.  II.  Allowed  a  copy  of  indictment  for  treason  or  misprision  of, 
see  10  Howell  St.  Tri.  268  note.  Justice  Holt  said  at  common  law  no  pris- 
oner for  treason  or  felony  was  entitled  to  copy  of  indictment  or  to  counsel 
for  his  defence,  12  Howell  St.  Tri.  660,  1382.  By  Stat.  7  Will.  3,  ch.  3, 
party  indicted  for  high  treason  or  felony  could  have  copy  ten  days  before 
his  arraignment,  21  Howell  St.  Tri.  648,  see  also  Howell  St.  Tri.  1381. 
By  Stat.  7  Anne  ch.  21,  sec.  11,  copy  of  jury  panel  and  list  of  witnesses 
for  the  prosecution  were  to  be  delivered  to  respondent  in  indictment  for 
high  crimes,  10  Howell  St.  Tri.  268  note;  13  Howell  St.  Tri.  152.  See 
I  Bishop  Crim.  Proc,  sec.  733;  2  Hawk.  P.  C,  ch.  28,  sec.  2;  i  Bur.  642, 
Copy  of  indictment,  see  43  Ark.  391.  See  titles  Indictment,  Complaint, 
Criminal  law  in  Savage's  Digest.  Compare  constitutional  provisions 
different  states  in  this  respect.  Nature  of  accusation,  U.  S.  vs.  Cruik- 
shank,  92  U.  S.  542;  15  Blatch.  i;  6  Amend.  U.  S.  Const.;  i  Bishop 
Crim.  Proc.  728,  i^^z;  6  Crim.  L.  Mag.  182. 

3d.     Right  to  be  confronted  with  witnesses  against  him. 

By  10  Act.  II.  Pari.  King  James  6,  witnesses  must  be  confronted  by  the 
accused  whose  presence  is  actually  necessary  to  his  lawful  trial,  10  Howell 
St.  Tri.  779;  McKensie,  Part  2,  Title  26,  sec.  16.  Formerly  in  criminal 
trials,  on  reasonable  proof  that  witness  had  been  kept  out  of  the  way  by 
procurement  of  the  prisoner,  the  deposition  of  the  witness  before  a 
coroner  could  be  given  in  evidence;  Hanison's  case,  12  Howell  St.  Tri. 
851;  13  Howell  St.  Tri.  591;  7  Term  Rept.  707;  i  Leo.  180;  Kel.  55; 
Peake  Law  of  Evidence,  ch.  2,  sec.  2 ;  Hawkin's  PI.  of  the  Crown  Book  2, 
ch.  46.  By  Stat.  7  Anne,  ch.  21,  sec.  11,  prisoner  was  entitled  to  a  Hst  of 
witnesses  against  him,  10  Howell  St.  Tri.  268  note.     Under  old  common 


22  THE    CONSTITUTION    OF   THE   STATE   OE    MAINE. 

law  the  witnesses  against  accused  must  meet  him  face  to  face  and  testify 
in  his  presence  so  that  the  court  and  jury  could  observe  them  and  the 
accused  have  opportunity  to  cross  examine  them;  i  Bishop  Crim.  Proc, 
ch.  74,  and  cases  there  cited.  If  a  witness  could  not  be  produced  at  trial, 
his  testimony  could  not  be  admitted  without  consent  of  respondent.  This 
law  has  been  somewhat  relaxed.  See  Bishop  Crim.  Proc,  sec.  1091 ;  Rev. 
Stat.  Maine,  ch.  134,  sec.  19.  As  to  presence  of  accused  at  trial,  see 
Rev.  Stat.  Me.,  ch.  134.  sec.  2.2.  See  Evidence,  Dying  declarations  and 
Criminal  Law  in  Savage's  Digest. 

4.  Right  to  have  compulsory  process  for  obtaining  witnesses  in  his 
favor. 

History  of  law  respecting  examination,  etc.,  of  witnesses  for  respondents, 
6  Howell  St.  Tri.  'jyy  and  note:  10  Howell  St.  Tri.  1281,  1304.  Refusal 
of  court  to  administer  oath  to  witness  for  defence,  8  Howell  St.  Tri.  373. 
Refusal  of  court  to  order  attendance  of  witnesses  for  prisoner  in  case  of 
felony,  6  Howell  St.  Tri.  570.  By  statutes  of  7  Will.  3  Sec.  8  Ch.  3  and 
I  Am.  St.  2  Ch.  9,  in  case  of  felony  prisoner  was  entitled  to  receive  com- 
pulsory process  to  compel  attendance  of  his  witnesses  for  his  defence, 
Crabbe  Hist.  Eng.  Law  571.  See  Art.  6,  Amendment  Const.  U.  S.  Rev. 
Stat.  Maine  Ch.  132,  Sec.  8.  (Summary  Jurisdiction)  2  Mayo  Const. 
Hist.  Eng.  562. 

5.  Right  to  speedy  trial. 

Under  the  old  Scottish  law,  if  a  murderer  was  taken  with  blood  of 
murdered  person  on  his  clothes  or  "red  handed,"  he  should  be  prosecuted 
in  the  sheriff's  court  and  executed  within  three  days  of  the  commission 
of  the  crime,  see  Hunter's  case  i  Newgate  Calendar  3.  Punishment 
should  succeed  crime  as  immediately  as  possible,  i  Newgate  Calender, 
Preface  p.  4. 

In  order  to  abolish  unjust  and  long  continued  imprisonment  before  trial 
or  sentence  on  conviction  the  Art.  31,  Charles  II,  Chap.  2,  Sec.  i,  pro- 
vides that  a  person  accused  of  a  crime  must  be  tried  within  six  months 
of  the  date  of  the  indictment  and  be  admitted  to  bail  if  not  indicted  at 
the  first  term  after  his  apprehension. 

The  principle  of  this  act  has  been  adopted  as  common  law  in  this  coun- 
try, Cooly  Const.  Limit.  311 :  See  Fitzpatrick  case  i  Salked  103:  Wynd- 
ham  vs.  Rex  i  Strange  2:  Crosby's  case  12  Mod.  66:  3  B  (s.  c.)  64: 
20  Cent.  L.  J.  493 :  32  Minn.  144 :  Although  in  some  states  no  time  is 
fixed  by  statute  within  which  after  indictment  the  accused  must  be  tried, 
the  State  is  entitled  to  a  reasonable  time  and  no  more  in  which  to  prepare 
to  prosecute,  Jefferson  vs.  State  62  Miss.  223:  8  Crim.  L.  Mag.  123:  8 
Atlantic  Rptr.  305 :  Cline  vs.  State  74  Cal.  575 :  Fox  vs.  U.  S.  3  District 
Montana  Rep.  512.  Neglect  to  try  prisoner  the  second  term  after  indict- 
ment court  held  accused  was  entitled  to  discharge  and  release,  see  title 
Gaol  Delivery  Bouvie::'s  Diet:  4  Black,  Com.  270.  Meaning  of  speedy 
trial,  see  4  Nev.  116:  Klock  vs.  People  2  Parker  Crim.  R.  (N.  Y.)  676: 
Olive  vs.  State  11  Neb.  i :  Hale  vs.  Commonwealth  13  Phila.  452:  Thome 
vs.  U.  S.  15  Fed.  Rept.  739:  Johnson  vs.  State  12  Am.  L.  Rec.  538:  Jones 
vs.  U.  S.  3  Wash.  224:  20  Ala.  89:  8  Ala.  424:  6  Crim.  L.  Mag.  23:  i 
Martin  (La.)  216:  18  Ala.  464:  Absolute  discharge  of  prisoner  on 
account  government  delay  to  prosecute,  i  Salk.  101:  12  Modwell  66: 
4  Brewster  (Pa.)  320:  97  Pa.  St.  211 :  5  Parker  Civ.  Rep.  (N.  Y.)  518: 
58  Miss.  358:  II  Pick.  277:  54  Cal.  100:  14  N.  H.  364:  109  Mass.  340: 
19  Ala.  561.  Formerly  accused  was  not  compelled  to  go  to  trial  at  same 
term  of  indictment.  Archibold  Crim.  Prac.  no:  by  Stat,  i  George  IV 
Ch.  4  and  14  and  15  Vict.  Ch.  100,  Sec.  26,  respondent  not  entitled  to  con- 
tinuance except  at  discretion  of  court,  i  Chit.  Crim.  L.  494. 

General.  See  36  Me.  317:  Rev.  Stat.  Me.,  Ch.  133,  Sec.  10,  Sec.  6: 
48  Me.  576 :  Hardy's  case  24  Howell  St.  Tri.  414 :  Home  Tooke's  case 
25  Howell  St.  Tri.  125,  1259.     On  application  of  prisoner  Lord  Delamere's 


the;  constitution  of  the;  state;  of  maine.  23 

case    Howell    St.    Tri.    560.     See   titles   Trial,    Continuance,    Bail,    Gaol 
Delivery,  Habeas  Corpus,  etc. 

6.  Right  to  a  public  trial. 

"Publicity  is  the  soul  of  justice.  It  is  the  keenest  spur  to  exertion  and 
the  surest  guard  against  improbity.  It  keeps  the  judge  himself,  while 
trying,  under  trial.  Under  the  auspices  of  publicity,  the  cause  in  the  court 
of  law,  and  the  appeal  to  public  opinion  are  going  on  at  the  same  time. 
It  is  through  publicity  alone  that  justice  becomes  the  mother  of  security. 
Apprehension  in  all  its  forms  aspires  to  cover  itself  with  secrecy;  it  dreads 
nothing  so  much  as  full  daylight."  Works  of  Jeremy  Bentham,  Vol.  4, 
p.  316.     Publicity  of  criminal  trials  40  Edbg.  Rev.  169,  195. 

It  is  the  immemorial  usage  of  the  common  law,  not  only  in  England,  but 
in  every  part  of  this  country,  since  its  earliest  settlement,  to  try  all  pris- 
oners in  open  court,  to  which  spectators  are  admitted,  i  Bish.  Crim. 
Proc.  957:  28  Am.  St.  Rep.  294:  16  Crim.  L.  Mag.  6666.  There  was  one 
court  in  England  in  which  criminal  trials  were  conducted  in  secret.  This 
court  was  known  as  the  Star  Chamber.  The  persons  brought  before  it 
were  tried  without  jury,  counsel  or  witnesses  in  their  own  behalf.  It  was 
established  in  1500  and  abolished  in  1641.  Hist,  of  the  Court  of  Star 
Chamber,  12  Am.  Law  Rev.  21:  2  Hallam  Mid.  Ages  172:  i  Hallam 
Const.  Hist.  50:  4  Coke  Inst.  60:  Carr's  Eng.  Liberties  198:  4  Black 
Com.  266;  note :  i  Hargraves  State  Trials  418:  6  Humes  Hist.  Eng.  234: 
I  Steph.  "Hist.  Crim.  Law  Eng.  168:  Greene's  Hist.  Eng.  People  115. 
Abolished  by  Stat.  16  Charles  I  C.  10. 

The  requirement  that  the  trial  shall  be  public  is  for  the  benefit  of  the 
accused;  that  the  public  may  see  that  he  is  fairly  dealt  with  and  not 
unjustly  condemned,  Cooley  Const.  Limit.  Sec.  379:  Rapalje's  Crim. 
Prof.  Sec.  213 :  The  denial  of  this  right  to  the  accused  is  sufficient  ground 
for  setting  aside  a  verdict  against  him  and  granting  a  new  trial.  People 
vs.  Hartman  103  Cal.  242:  People  vs.  Murray  89  Mich.  376,  see  also  99 
Cal.  526 :  28  Am.  St.  Rep.  294 :  37  Am.  St.  Rep.  78 :  65  Cal.  223 :  92 
Mo.  542:  U.  S.  vs.  Buck  4  Phila.  161:  22  Tex.  App.  36.  Court  may 
exclude  from  court  room  during  trial,  minors,  disorderly  persons,  etc., 
Cooley  Const.  Limit.  379 :  22  Tex.  App.  36.  By  Chap.  55,  Public  Laws 
of  Maine  1887,  minors  may  be  excluded  from  court  room  during  trials. 

7.  Right  to  an  impartial  trial. 

In  criminal  prosecutions  the  rights  of  the  accused  to  a  fair  and  impartial 
trial  are  carefully  guarded  at  every  stage  of  the  proceedings.  More  than 
one  hundred  causes  have  been  assigned  as  just  grounds  for  the  granting 
of  a  new  trial  in  the  crnninal  practice  in  this  country.  See  title  "New 
Trials"  in  Index  Digest  to  Crim.  Law  Mag.  Titles  Exceptions,  Change 
of  Venue,  Mistrial,  Jurors,  Constitutional  Law,  Due  process  of  law.  Law 
of  the  land.  Indictment,  Demurrer,  Writ  of  error,  Appeal,  Pardons,  etc. ; 
Savage's  Index  Digest:     and  Eng.  and  Am.  Ency.  of  Law. 

Jury  must  come  from  Vicinage. 
Originally  jury  were  witnesses  of  the  facts  in  the  case  to  be  tried  by 
them,  and  were  acquainted  with  the  parties  to  the  suit.  They  rendered 
their  verdict  from  personal  knowledge  of  the  matters  in  controversy,  3 
Black.  Com.  359.  For  this  reason  they  were  chosen  from  the  immediate 
neighborhood  where  controversy  arose.  Am.  Juror  (H.  B.  Wilson)  26: 
Thompson  &  Marriman  on  jurors:  2  Reeves  Hist.  Eng.  Law.  When  a 
juror  appeared  who  was  not  a  resident  of  the  neighborhood,  his  right  to 
sit  in  the  cause  was  challenged,  i  Chitty  Crim.  Laws  177,  501.  Hence 
arose  the  custom  of  challenging  jurors.  The  right  to  challenge  for  this 
cause  existed  until  Stat.  27  Elizabeth  Ch.  6,  which  provided  that  only  two 
jurors  should  be  taken  from  the  immediate  neighborhood.  By  Stat.  4  and 
5  Anne  Ch.  6,  in  civil  cases  and  by  State.  24  Geo.  2nd.  Ch.  18  in  criminal. 


24  the:    constitution    of    THU    state;    OI^    MAINE. 

this  cause  of  challenge  was  abolished.  r5y  Stat.  6  Geo.  4th  Ch.  50  it  was 
enacted  that  jurors  must  be  good  and  lawful  men  of  the  county.  This  is 
now  the  law  in  England  and  in  the  United  States  Am.  Juror  ^j :  Thomp- 
son &  Merri.  on  Juries  3:  2  Reeves  Hist,  of  Eng.  Law  271 :  i  Palgraves 
Rise  &  Progress  of  Eng.  Commonw'th.  108 :  Forsyth  Hist.  Trial  by  Jury 
in  Scotland :  6  Howell  St.  Tri.  999,  loii :  Curtis  Const.  Hist.  23 :  Cooley 
Const.  Limit.  230 :  Proff att  on  Jury  Trial,  Sec.  80.  At  the  present  time, 
the  wisdom  of  choosing  the  jury  from  the  county  where  the  crime  is  com- 
mitted, is  seriously  questioned.  In  Virginia  and  some  other  states  the 
law  provides  for  the  selection  of  jurors  from  an  adjoining  county,  when 
it  is  evident  that  an  impartial  jury  cannot  he  obtained  in  the  county  of  the 
crime  by  reason  of  prejudice  or  popular  excitement.  Many  states  allow  a 
change  of  venue  on  motion  of  the  defendant  and  affidavit  that  he  has 
reason  to  believe  and  does  believe  that  he  cannot  secure  a  fair  and  impartial 
trial  in  his  own  county.  Code  of  Virginia  1S87,  Sec.  4024:  see  7  Gratt 
673:  9  Gratt.  736:  10  Gratt.  672:  21  Gratt.  833:  24  Gratt.  603:  83 
Va.  Rept.  51. 

"By  His  Peers/'  Meaning  of. 

Peers  in  Feudal  Law.  The  vassals  of  a  lord,  who  sat  in  his  court  as 
judges  of  their  co- Vassals;  were  called  "Peers,"  as  being  equal  to  each 
other,  or  all  of  the  same  condition  or  station.  Black  Law  Diet.  882: 
Bouvier  Diet.  789:  28  Liv.  Esprit  des  Loix  C.  27.  In  English  law,  the 
nobility,  though  of  different  rank,  are  all  equals  in  respect  to  their  nobility; 
and  in  case  of  treason,  felony,  etc.,  were  tried  by  their  peers.  In  1322  it 
was  assigned  as  error  in  the  proceedings  against  Thomas,  Earl  of  Lan- 
caster, that  he  was  not  tried  by  his  peers ;  i  St.  Tri.  46,  see  4  St.  Tri.  744. 
In  Lord  Castlehaven's  case  it  was  decided  that  he  could  not  waive  his 
right  to  be  tried  by  his  peers  and  be  tried  by  a  jury  composed  of  men  of 
less  rank  than  nobles;  3  St.  Tri.  402.  In  the  modern  sense,  the  term  is 
used  in  the  United  States  to  designate  a  trial  of  the  accused  by  a  jury 
composed  of  twelve  of  his  own  countrymen,  chosen  and  proceeding  accord- 
ing to  due  process  of  law;  2  Kent  13:  2  Parker  Crim.  Rep.  312:  4  Ohio 
177:    62  Barber  N.  Y.  16. 

In  Wyoming  and  perhaps  some  other  states  where  women  have  all  the 
civil  and  political  rights  and  privileges  accorded  to  men,  females  serve  on 
the  Grand  and  Petit  jury;  see  McKinney  vs.  State  3  Wyoming  719.  In 
Shander  vs.  W.  Virginia  100  U.  S.  303,  Justice  Strong  says  "The  very 
idea  of  a  jury  is  a  body  of  men  composed  of  the  peers  or  equals  of  the 
person  whose  rights  it  is  selected  or  summoned  to  determine  that  is  his 
neighbors,  fellows,  associates,  persons  having  the  same  legal  status  in 
society  as  that  zvhich  he  holds."  See  Jurors,  DisquaHfications  for  women, 
Minors,  Aliens,  Wards,  etc. 

"Law  op  the  Land,"  Meaning  of. 
When  first  used  in  the  Magna  Charta  meant  the  established  laws  of  the 
kingdom.  It  means  the  due  process  of  the  law  warranted  by  the  Consti- 
tution, the  common  law  adopted  under  the  Constitution  and  statutes  passed 
in  pursuance  of  the  Constitution;  2  Tex.  251:  2  Yerger  270:  6  Heisk. 
186:  6  Pa.  St.  87:  See  Law  Diet,  title  Law  of  the  land,  Due  process  of 
law:  See  Saco  vs.  Wentworth  37  Me.  165:  State  vs.  Knight  43  Me.  11 : 
State  vs.  Learned  47  Me.  4^6:  See  Ch.  29  Magna  Charta:  2  Coke  Inst. 
4:  I  Black.  Com.  44:  2  Kent.  9:  3  Story  Const.  Sec.  1783:  See  titles 
Process  of  law.  Due  process  of  law,  Common  law.  Constitutional  limita- 
tions, etc. 

DECLARATION  OF  RIGHTS. 

Sec.  7.  No  person  shall  be  held  to  answer  for  a  capital  or  infamous 
crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except  in 
cases  of  impeachment,  or  in  such  cases  of  offenses  as  are  usually  cogniz- 
able by  a  justice  of  the  peace,  or  in  cases  arising  in  the  army  or  navy,  or 


the:    constitution    of   the   state:   of    MAINE.  25 

in  the  militia  wiien  in  actual  service  in  time  of  war  or  public  danger.  The 
legislature  shall  provide  by  law  a  suitable  and  impartial  mode  of  selecting 
juries  and  their  usual  number  and  unanimity,  in  indictments  and  convic- 
tions, shall  be  held  indispensable. 

No  person  to  answer  to  a  capital  or  infamous  crime  but  on  indictment. 
no  U.  S.,  567;  4  Me.,  439;  60  Me.,  508,  509;  dy  Me.,  336;  84  Me.,  28,  2^2. 

1.  Capital  crimes  are  such  as  are  punishable  with  death;  see  Anderson, 
Wharton,  Bouvier  and  Black  Law  Dictionary,  title  "Capital."  Crimes 
formerly  punished  in  this  State  by  hanging  are  now  punished  by  imprison- 
ment for  life  or  for  a  term  of  years;  see  Chap.  T33,  Sec.  1,  Public  Laws 
1887. 

2.  Infamous  crimes,  meaning  of. 

A  crime  punishable  by  imprisonment  in  the  State  Prison  for  one  or  more 
years  is  an  infamous  crime.  Butler  vs.  Wentworth  84  Me.  25  :  State  vs. 
Cram,  84  Me.  271.  A  crime  punishable  by  imprisonment  in  a  State  Prison 
or  penitentiary  is  an  infamous  crime.  See  Mackin  vs.  U.  S.  117  U.  S. 
348:  128  U.  S.  393:  140  U.  S.  200:  20  Barber  189:  8  Gray  329:  Const. 
Debates  of  Maine,  p.  118. 

An  indictment  is  a  written  accusation  of  one  or  more  persons  of  high 
treason,  felony  or  misdemeanor  preferred  before  and  presented  by  twelve 
or  more  not  exceeding  twenty-three  good  and  lawful  men  of  the  county, 
duly  sworn,  who  are  called  the  Grand  Jury.  Forsyth,  Trial  by  Jury,  p.  215. 

The  Grand  Jury  never  consists  of  more  than  twenty-three  and  never 
less  than  thirteen  good  and  lawful  men,  summoned  from  the  body  of  the 
county.  2  Hale  C.  P.  161 :  36  Me.  128.  For  history  of  Grand  Jury,  see 
Am.  Juror,  p.  175:  Forsyth,  Trial  by  Jury,  p.  215:  Thompson  and  Mer- 
riam  on  Juries :  Modern  Jury  Trials,  (Donovan).  A  majority  of  twenty- 
three,  viz,  twelve  Grand  Jurors  must  agree  to  present  an  indictment. 
Stat.  13  Edw.  I  Chap.  13 ;    Forsyth,  Trials  by  Jury,  p.  216. 


Impeachment. 

The  House  of  Representatives  have  the  sole  power  of  impeachment,  see 
Const,  of  Maine  Art.  4  Pt.  i  Sec.  8. 

The  Senate  has  sole  power  to  try  impeachments  but  their  power  shall 
not  extend  beyond  removal  from  office  and  disqualification  to  hold  any 
office  of  profit,  trust  or  honor  under  the  State.  See  Const,  of  Maine  Art. 
4,  Pt.  2,  Sec.  8.  Impeachable  offenses,  16  Am.  L.  Rev.  798.  Trial  by 
impeachment,  6  Am.  Law  Reg.  (N.  S.)  257.  Presidential  impeachment, 
19  Atlantic  88 :  3  Cent.  L.  J.  300 :  Memorable  impeachments,  30  Leisure 
Hour  661 :  45  Chambers  J.  213.  Causes  for  impeachment  of  a  President, 
6  Am.  L.  Reg.  641.     Trial  by,  6  Am.  L.  Reg.  257. 

Of  Judge  Barnard,  5  Alb.  L.  J.  316.  Pres.  Johnson,  2  Am.  L.  Rev.  546. 
Articles  of,  in  Warren  Hastings,  i  Templar  22,  284:  20  State  Trials  1077, 
22  State  Trials  237. 

Cases  arising  in  the  army,  navy  or  in  the  militia  in  times  of  war  or  great 
public  danger  are  cognizable  in  Courts  Martial  or  military  Courts,  i 
Winthrop,  Military  Law  104,  title  Jurisdiction.  Prior  to  the  adoption  of 
the  Constitution  of  the  United  States,  military  law  had  become  firmly 
established  in  this  country,  see  Articles  of  confederation;  Military  Code 
adopted  by  Continental  Congress  June  14,  1775 :  i  Journal  of  Congress 
82,  83,  90.  Am.  Archives,  4th  Series  Vol.  t,  p.  1350:  i  Journal  of  Con- 
gress 365 :  3  John  Adams  Works  83.  Amendments  to  in  1786,  4  Journal 
of  Congress  649.  Constitutional  power  to  establish  a  military  Code  and 
make  rules  and  regulations  vested  in  Congress  and  in  the  President,  Art, 
I,  Sec.  8  and  Art.  2,  Sec.  i,  2  and  3,  Const.  U.  S.,  see  4  Wallace  137.     In 


26  THE    CONSTITUTION    OF   THEJ   STATE   OF    MAINE. 

times  of  public  danger,  meaning  of,  Johnson  vs.  Sayre  158  U.  S.  109. 
Applicable  not  to  army  or  navy,  but  to  militia  when  in  actual  service. 
Military  law,  37  All  the  year  227 :  43  Chambers  J.  6 :  During  the  Am. 
Revolution  i  Mag.  Am.  Hist.  538,  705:  5  U.  S.  Service  Mag.  121,  516: 
15  Cornhill  Mag.  484.  Courts  Martial,  ^2  Law  Rep.  385  :  47  Law  T.  219, 
and  Cat  o'  nine  Tails,  13  Frazier  Mag.  539:  10  Temple  Bar  412:  10  Law- 
Rev.  374:  67  Blakw.  269.  Court  Martial,  Mrs.  Surratt's  trial,  10  Sol. 
J.  and  Rep.  250.  Origin  of  Court  Martial,  7  Law  Times  514.  Reform  of 
20  Law  Mag.  and  Rev.  234.  Militia  Law  i  Kan.  J.  261.  In  times  of  riot, 
18  Alb.  L.  J.  85:  102  N.  Am.  Rev.  334:  5  U.  S.  Service  Mag.  121,  516. 
Military  offenses,  extent  of  civil  remedies  for,  3  Juridical  Soc.  Pap.  i. 
Courts  Martial  in  Maine,  see  Militia  Law  1821,  Ch.  10,  Rev.  Stat.  1857, 
p.  164:    Chap.  266,  Pub.  Laws  1893. 


The  Common  Jury  Must  Consist  of  Twei.\'E  Men. 
From  the  most  ancient  times  until  the  present  day  it  has  been  the  rule, 
to  which  there  are  rare  exceptions,  to  require  a  jury  to  consist  of  twelve 
men  for  the  legal  determination  of  any  cause:  Profifatt  on  Jury  Trial, 
Sec.  9 :  Thompson  &  Merriman  on  Juries,  Sec.  5 :  This  is  the  common 
law;  2  Hale  P.  C.  161:  Bac.  Abridg.  A.  Juries:  i  Chit.  Crim.  L.  505: 
4  N.  J.  Law  69:  2  Hay.  (N.  C.)  113:  "  6  Exch.  447:  38  Tex.  504: 
Stephen  Hist.  Crim.  L.  Eng.  V.  i,  p.  251,  300.  Trial  by  jury  as  used  in 
our  bill  of  rights  means  a  trial  by  twelve  men,  no  more,  no  less.  And  the 
legislature  has  no  power,  in  the  absence  of  constitutional  authorization,  to 
pass  an  act  fixing  the  number  at  more  or  less  than  twelve  in  any  court  of 
record;  Thompson  &  Merriam  on  Juries,  Sec.  10:  2  Wise.  23:  2  Ohio 
St.  296:  30  Mo.  600:  51  Ga.  264:  41  N.  H.  550.  Opinions  of  judges 
Supreme  Court  of  that  State.  Nor  can  the  legislature  provide  that  less 
than  twelve  can  render  a  legal  verdict;  41  N.  H.  550:  38  Tex.  504:,  18 
N.  Y.  128:  3  Wise.  219:  8  Ark.  436:  44  Ala.  387:  6  Metcl.  224:  4 
Ohio  St.  167:  2  Park  Crim.  R.  312:  4  Smead  &  M.  579:  11  Nev.  39: 
16  Fla.  291:  13  N.  Y.  198:  Record  must  show  trial  by  twelve  jurors; 
18  N.  Y.  128:  54  Ind.  461:  16  Mich.  351:  7  Am.  Law  Reg.  289:  49 
Mo.  268:  8  Ark.  372:  i  Stew.  (Ala.)  483.  In  cases  of  felony  this  right 
to  full  and  lawful  jury  cannot  be  waived;  41^0.  470:  44  Ala.  393:  51 
la.  578:  18  N.  Y.  128,  137:  See  Savage's  Digest,  Crim.  Law  Mag.,  Bish. 
Crim.  Proc,  title  "Waiver:"  9  Cent.  L.  J.  313:  Thompson  &  Marriam 
Juries,  Sec.  5-15:  Profifatt  on  Jury  Trial,  Sec.  9,  11  and  notes:  Forsyth 
Trial  by  Jury,  p.  46.  But  a  plea  of  guilty  in  effect  waives  the  right;  see 
Trial,  Plea,  Arraignment,  Sentence,  etc.  In  many  states,  inferior  courts 
are  constituted  with  less  than  twelve  jurors;  2  Ohio  St.  296:  30  Mo.  600: 
6  la.  349:  62  Barb.  16:  30  Mich.  116:  15  La.  An.  190.  But  in  these 
courts  the  right  of  appeal  to  courts  of  record  is  preserved  and  allowed; 
see  titles  Appeal,  Thompson  &  Merriam  on  Juries,  Sec.  5,  11.  In  civil 
cases  the  right  to  a  full  jury  can  be  waived  by  the  justices  thereto,  and  a 
verdict  by  a  less  number  will  be  binding  under  the  constitutional  provisions 
of  several  states;  Const.  Cal.  Art.  i,  Sec.  7:  Colo.  Const.  Art.  2,  Sec.  23: 
Fla.  Const.  Art.  i.  Sec.  4:  111.  Const.  Art.  2,  Sec.  5:  Md.  Const.  Art.  4. 
Sec.  8:  Mich.  Const.  Art.  6,  Sec.  27:  Minn.  Const.  Art.  i.  Sec.  3:  Mo. 
Const.  Art.  2,  Sec.  28:  Nev.  Const.  Art.  i.  Sec.  3:  N.  J.  Art.  i.  Sec.  7: 
N.  Y.  Const.  Art.  i,  Sec.  2:  Penn.  Const.  Art.  5,  Sec.  27:  Also  in  Tex. 
West.  Va.  and  Wise.  In  some  states  where  the  constitution  does  not  so 
provide,  cases  are  found  where  the  court  has  held  a  verdict  by  less  than 
twelve,  binding  upon  the  parties  when  they  have  expressly  waived  this 
constitutional  right;  Durham  vs.  Hudson  4  Ind.  501.  This  rule  has  also 
been  extended  to  misdemeanor;  12  Cush.  80:  11  Nev.  119:  8  Ark.  436: 
28  Ga.  576 :  49  Mo.  268 ;  see  51  Iowa  578 :  9  Cent.  L.  J.  313 :  The  sound- 
ness of  these  decisions  is  doubted;  Murphy  vs.  Com.  i  Mete.  (Ky.)  365: 
State  vs.  Mansfield  41  Mo.  470. 


ths  constitution  of  the)  state  oj?  mainii.  27 

History  of  Trial  by  Jury  in  U.  S. 
12  So.  M.  506:  98  Eel.  R.  174:  52  Christ.  Obs.  331:  Origin  of;  13 
Niles  Reg.  139:  119  N.  Am.  Rev.  219:  26  Chambers  Jr.  355:  23  Am.  J. 
Soc.  Sci.  85 :  22  Am.  L.  Rev.  853 :  Thompson  &  Merriam  on  Juries : 
American  Juror  (H.  B.  Wilson)  :  Modern  Jury  trials,  J.  W.  Donovan: 
Jury  Trial  by  John  Proffatt.  In  Texas ;  54  Black.  M.  yjy.  In  Scotland ; 
4  Tait  351  (N.  S.)  English  and  Irish  7. All  the  Year  421 :  4  Victoria  418: 
32  Dublin  Univ.  717:  17  L.  J.  500,  671:  105  Eel.  M.  ii:  In  Spain;  4 
Law  Mag.  and  Rev.  (N.  S.)  11.  Origin  of  trial  by,  11  Am.  L.  Rev.  24: 
7  Leg.  Adv.  247:  In  Germany,  3  Am.  L.  Ree.  129:  Hist,  of  98  Eel.  M. 
174.  In  England,  5  MacMillan  412.  In  Germany  119  N.  Am.  Rev.  219. 
In  Ireland,  50  L.  T.  473 :  70  L.  T.  363 :  7  L.  J.  238.  In  Russia  i  Leg. 
News  168.  In  Scandinavia,  i  Ed.  L.  J.  610.  In  Scotland  2  Crim.  L.  M. 
94:  7  Jour.  Jur.  1220:  57  Ed.  Rev.  96:  4  Tait  (N.  S.)  351:  11  L.  T. 
523.  In  United  States  Courts  11  Fed.  Rept.  475.  Origin  and  history,  14 
Alb.  L.  J.  213.  Ancient  modes  of  trial  32  Arch.  263:  At  Guildhall,  5 
Law  and  Mag.  226.  At  Old  Bailey,  i  Law  and  Mag.  375.  Gen- 
eral citations.  Trial  by  jury,  5  McMillan  M.  412:  27  Blkw.  736:  92 
N.  Am.  Rev.  297:  11  Law  Rev.  24:  7  Temple  Bar  550:  90  Eel.  Rev. 
749:  15  Putnam  M.  175:  16  Nation  428:  15  Canadian  M.  217:  5  Dem. 
Rev.  463:  15  Knie.  M.  478:  36  Dem.  Rev.  91 :  4  Penn.  Mo.  700:  7  St. 
Paul's  88:  i  West.  Rept.  loi :  97  Westmr.  R.  289:  23  Am.  J.  Soe.  Sci. 
85:  21  Am.  Law  Rev.  859:  22  Am.  L.  R.  853:  17  Am.  Law  R.  397: 
134  N.  Am.  Rev.  244:  14  Internat.  R.  158:  57  Brit.  Q.  374:  142  Mo.  R. 
285  :    Tweed  Verdict,  17  Nation  351 :    3  Scrib.  609 :    50  Cham.  J.  785. 

Conduct  of  Jury  and  Their  Rights  and  Duties. 
In  criminal  eases  instances  of  acquital  were  very  rare,  in  ancient  times 

1  Howell  St.  Tr.  407 :  Emlyn's  Preface,  p.  30.  The  jury  were  questioned 
concerning  their  verdict  by  the  judge  and  were  often  fined  or  imprisoned 
when  the  verdict  did  not  meet  with  his  approval,  i  Howell  St.  Tri.  961 : 
6  Howell  St.  Tri.  967 :  5  Howell  St.  Tri.  445  :  Remarks  of  Lord  Hale  and 
Blaekstone  on  this  practice  18  Howell  St.  Tri.  313  note.  Resolutions  of 
the  House  of  Commons  in  1867  against  the  practice  of  fining  juries  for 
their  verdicts,  6  Howell  St.  Tri.  995:  2  Kelyn's  R.  50:  4  Hatsell  113:  3 
Keble  322:  Freeman's  R.  i :  2  Jones  R.  13:  Yelverton  R.  23 :  i  Coke 
778:  2  Keble  185:  i  Modern  119.  This  custom  declared  arbitrary  and 
illegal  4  Black.  Com.  361 :  Smith's  Commonwealth  V.  3,  C.  i :  2  Hale 
C.  P.  313:  20  Howell  St.  Tri.  895:  Proffatt  on  Jury  Trials,  See.  37-40. 
This  practice  overthrown  by  Fox's  Libel  Act  in  1792,  Stat.  Geo.  3d  Ch.  6. 

Jurors  are  not  at  liberty  to  act  arbitrarily  in  finding  a  verdict,  but  are 
bound  by  their  consciences,  informed  by  reasonable  proofs,  13  Howell  St. 
Tri.  455:  4  Blac.  Com.  361  note.  Power  and  duty' of  jurors  in  England, 
Forsyth  on  Jury  Trial  259.  Province  and  duty  of  the  jury  in  the  United 
States,  Proffatt  on  Trial  by  Jury,  Sec.  358-440:  2  Househ'ld  Words  100: 
3  Crim.  L.  Mag.  481 :    i  Jour.  L.  73:    i  Pa.  L.  J.  335 :    9  Irish  L.  T.  396: 

2  Cent.  L.  J.  572:    5  Crim.  L.  M.  524:    20  Law  Rev.  6:    2.  Law  R.  187: 

I  Crim.  L.  M.  47:    3  N.  J.  Law  J.  32:     5  South  Law  Rev.  352  (N.  S.)  : 

II  Wash.  L.  R.  601.  Ten  rules  regarding  jury,  18  Irish  Law  Times  89: 
13  Am.  L.  Rev.  (N.  S.)  355:  7  Crim.  L.  Mag.  652:  21  Howell  St.  Tri. 
925:  Howell  St.  Tri.  Vol.  7,  p.  1207:  Howell  St.  Tri.  Vol.  13,  p.  455: 
23  Howell  St.  Tri.  114:  4  Howell  St.  Tri.  1284:  22  Howell  St.  Tri.  294: 
10  Howell  St.  Tri.  1344.  At  the  present  time  jurors  are  liable  to  punish- 
ment for  misconduct,  corrupt  verdict  and  illegal  practices  in  a  trial.  Mis- 
conduct, 15  Cent.  L.  J.  201.  By  use  of  intoxicating  drinks,  16  Irish  L.  T. 
588:  II  Wash.  L.  Rep.  705:  10  Wash.  115.  Improper  communications 
from  court,  10  Fed.  Rept.  273.     Impeachment  of  verdicts  for  misconduct 


28  the;  constitution  of  the  state  of  maine. 

of  jury,  13  Cent.  L.  J.  61 :  Eel.  Alag.  V.  105,  p.  11 :  13  Cent.  L.  J.  242. 
See  titles  New  Trials,  Exceptions,  Writ  of  error.  Quo  Warranto,  Habeas 
Corpus,  etc.,  Jurors,  Crim.  Law.  Non  Partizan,  34  Nation  223:  139  N. 
Am.  Rev.  i :  37  Nation  90 :  Rights  and  powers,  8  Westm.  Rev.  431 : 
2  Housh'l'd,  words  100 :    13  Blackw.  673. 

Rule  Requiring  a  Unanimous   Verdict. 

In  the  Assize  instituted  in  the  rights  of  Henry  2nd  it  was  necessary  that 
twelve  jurors  agree  in  order  to  determine  the  question;  Forsyth  on  trial 
by  jury,  238.  In  time  of  Edward  III  verdict  of  less  than  twelve  a  nullity 
and  the  court  said  the  judges  ought  to  carry  the  jury  around  with  them 
in  a  cart ;  41  Assize  1 1 ;  see  Proffatt  on  Jury  trial.  Sec.  y'j :  2  Hale  C.  P. 
297:  3  Black.  Com.  376:  i  Vent.  26:  31  Geo.  625.  Reasonableness  of 
rule;  6  Am.  L.  Reg.  709:    2  Albany  L.  J.  341. 

The  rule  has  been  criticised  for  centuries;  see  Emlyn's  preface  to  St. 
Tri.,  p.  29:  Baron  Maseres  observations  on  same  subject,  14  St.  Tri.  617 
note :  Hallam's  Middle  Ages  Suppl.  262  notes :  3  Black.  Com.  375  Chis- 
tian's  notes:  Proff.  Jury  Trial,  Sec.  79:  Forsyth  Trial  by  Jury  246: 
Eng.  Q.  L.  Rev.  for  1837:  Jeremy  Bentham's  works.  Vol.  2,  p.  122:  3 
U.  S.  L.  J.  96:  8  Law  J.  143:  64  Law  Times  293:  i  Leg.  News  146:  10 
Chic.  Leg.  News  207:  10  Albany  L.  J.  305:  6  Leg.  News  217:  8  Chic, 
Leg.  News  311 :  7  Am.  Law.  Reg.  314:  2  Cent.  L.  J.  715:  Jeremy  Ben- 
tham  Vol.  6,  p.  273:  same  Vol.  5,  p.  84,  174:  i  Amer.  314.  Majority 
verdict,  9  Forum  309.  Report  of  English  Commissioners  1837,  Forsyth 
Tri.  by  Jury  338,  see  Am.  Juror  234. 


CoMPEEEiNG  the  Jury  to  Agree  to  a  Verdict. 

In  the  days  of  Henry  III  (1260)  it  was  the  practice  to  add  to  the  num- 
ber of  the  jury  when  the  twelve  could  not  agree  to  a  verdict  until  out  of 
the  whole  number,  twelve  men  could  be  found  who  could  agree  to  bring 
in  a  verdict;  14  Howell  St.  Tri.  617.  This  practice  was  continued  through 
the  next  reign;  Bracton  DeLegibus  Angliae  Book  4  Ch.  19:  8  Howell  St. 
Tri.  730:  12  Howell  St.  Tri.  474:  Paley's  Mor.  and  Political  Phil.  Book 
6  Ch.  8.  When  the  practice  of  adding  to  the  number  of  the  jury  was 
discontinued,  the  judges  instituted  the  custom  or  rule  of  requiring  the  jury 
of  twelve  to  agree  to  a  verdict  before  they  could  separate;  Barrington's 
observations  on  Magna  Charta  Ch.  29 :  14  Howell  St.  Tri.  816  note.  The 
jury  were  kept  confined  without  food,  drink,  fire  or  light  until  such  time 
as  they  could  agree  upon  a  verdict;  12  Howell  St.  Tri.  474  note:  Smith's 
Commonwealth  Book  3  Ch.  18:  7  Howell  St.  Tri.  497:  Coke's  Inst,  no: 
3  Black.  Com.  375.  It  has  been  said  that  the  jury  were  sometimes  carted 
around  the  country  on  attendance  of  the  judges,  going  from  place  to  place 
upon  the  circuit,  but  in  the  leading  case  Winsor  vs.  Queen  6  Best  &  Smith 
141-171 :  118  Common  Law  Rep.  143,  Chief  Justice  referring  to  the  mat- 
ter denies  that  any  such  custom  ever  existed  in  England.  See  remarks 
of  Jeremy  Bentham  against  this  abuse  in  his  time  book  5,  p.  462. 

In  Lord  Hale's  time,  the  judges  fell  into  the  habit  of  discharging  the 
jury  before  verdict  from  other  causes  than  inability  to  agree;  2  Hale  P.  C. 
295.  Usually  when  a  government  witness  was  absent,  a  juror  died 
because  sick  or  insane;  7  Howell  St.  Tri.  120,  311,  497  note:  But.  see 
Irish  case  28  Howell  St.  Tri.  446:  Kim.lock's  case  18  Howell  St.  Tri.  402, 
1200.  Owing  to  the  abuse  of  this  power  to  put  off  and  delay  a  trial  of  the 
accused,  the  ancient  rule  was  again  established ;  see  Lord  Delamere's  case 
II  Howell  St.  Tri.  561 :  19  Howell  St.  Tri.  671  note.  That  the  court  must 
hold  the  jury  until  they  agree  to  a  verdict  but  may  adjourn  the  trial  when 
great  necessity  requires  it;  Hardy's  case  24  Howell  St.  Tri.  414:  Home 
Tooke's  case  25  Howell  St.  Tri.  129,  1295.     This  rule  continued  in  Eng- 


the;    constitution    of*   the    state   of    MAINE,  29 

lish  courts  until  1866,  when  on  a  review  of  the  whole  subject  the  court  of 
the  Queen's  Bench  estabhshed  the  rule  that  "in  case  of  felony,  capital  or 
otherwise,  the  judge  has  discretionary  power  to  discharge  the  jury  with- 
out consent  of  either  party,  where  after  sufficient  time  for  deliberation 
they  are  unable  to  agree" ;  6  Best  &  Smith  Q.  B.  141 ;  Winsor  vs.  Queen — 
see  also  Queen  vs.  John  Barff  Charlesworth,  i  Best  &  Smith  Q.  B.  459 : 
Lynch  vs.  Queen  7  Irish  Law  Rep.  149 :  See  Proft'att  on  Jury  Trial  475 ; 
Carth.  465 :  16  Foster  Common  Law  22 :  4  Black.  Com.  360 :  3  Burns  Inst. 
974:  2  F.  &  F.  251. 

In  the  earlier  days  of  this  republic  there  was  a  difference  of  opinion 
as  to  the  right  of  the  court  in  a  case  of  felony,  to  discharge  the  jury  on 
the  ground  that  they  could  not  agree  to  a  verdict ;  Proffatt  on  Jury  Trial, 
sec.  484:  3  Rawle  498:  2  Dev.  &  Batt.  162:  2  Graft.  567:  26  Ala.  135. 
The  rule  in  the  United  States  now  is  that  the  judge  in  his  discretion 
may  discharge  the  jury  when  after  a  reasonable  time  for  deliberation 
they  are  unable  to  agree,  or  when  from  any  other  cause  it  becomes  neces- 
sary for  the  purpose  of  justice;  U.  S.  vs.  Watson  3  Ben.  i:  9  Wheaton 
579:  27  Ind.  131  :  U.  S.  vs.  CooHdge  2  Gall.  364:  People  vs.  Goodwin  18 
Johns  188:  13  Wind.  55:  9  Mass.  494:  2  Pick.  521:  4  Stew.  &  P.  72 :  4 
Wash.  C.  C.  402:  35  Ala.  406:  26  Ark.  260.  Arbitrary  discharge  without 
necessity  is  a  bar  to  a  new  trial;  Cooley  Const.  Limit.  326,  or  Nolle 
Prosequi  against  will  of  accused,  Whart.  Crim.  L.,  sec.  3128:  i  Bish. 
Crim.  L.,  sec.  874:  i  Bailey  651 :  9  Bush  333:  15  Ohio  (N.  S.)  155.  Gen- 
eral citations,  2  Mo.  166:  13  Wind.  351:  6  Hump.  249:  i  Am.  L.  Reg. 
(N.  S.)  524:  Mart  &  Yorger  278:  48  Cal.  323:  41  Cal.  211 :  63  N.  C.  570: 
9  Leigh  613.  Discharging  jury,  15  Leg.  Not.  270:  3  Leg.  News  305,  320: 
4  Leg.  News  17:  i  Crim.  Law.  Mag.  766.  Discharging  jury  before 
verdict  without  consent  of  prisoner,  Review  of  Eng.  and  .A.m.  cases,  4 
Western  Law  Journal  97:  9  Sol.  J.  and  Rep.  943-954:  13  Cent.  L.  J.  21 : 
59  L.  T.  386. 

Criticisms  of  Trial  by  Jury  and  of  the  Jury  System. 
Shall  it  be  abolished?  17  Law  Jr.  523:  42  Law  M.  155:  25  Co.  Ct. 
Chi.  376:  20  Am.  L.  Rev.  661:  20  Iri.  L.  T.  500:  7  Jurist  467:  So.  Sci. 
Ass'n  1882:  74  Law  T.  3,  42:  139  N.  Am.  Rev.  348:  43  Law  Rev.  (N.  S.) 
521 :  26  Century  M.  299:  31  Alb.  L.  J.  246:  68  All  the  Year  60:  60  Spec. 
487:  24  Pop.  Sci.  M.  676:  3  Forum  102.  Trial  by  Judge  or  Jury;  6 
Westn.  Jur.  349 :  6  Alb.  L.  J.  39 :  28  Sol.  J.  and  Rep.  493 :  3  Am.  L.  Reg. 
321:  48  Law  T.  228.  In  civil  suits;  13  Cent.  L.  J.  21  :  8  111.  St.  Bar 
Ass'n  35:  20  Am.  L.  R.  661 :  68  All  the  Year  60:  60  Spec.  487:  3  Green 
Bag  449:  105  Eel.  M.  II  :  48  Atl.  M.  9:  3  Forum  102.  Abuses  and  faults 
of;  20  Alb.  L.  J.  45:  8  Sol.  J.  and  Rep.  833:  'jy  Westm.  Rev.  289:  50  * 

Law  T.  394:  II  Am.  L.  R.  577:  26  Tour.  Jur.  477:  16  Iri.  L.  T.  446.  Is 
it  a  failure?  25  Scrib.  124:  26  Alb.  L.  J.  401 :  22  Am.  L.  Reg.  (N.  S.) 
22:  17  Iri.  L.  T.  164:  8  Cent.  L.  J.  35 :  40  Law  M.  84:  8  N.  Brit.  Rev.  82:  * 

57  Brit.  Q.  324:  142  Mo.  Rev.  385:  43  Dub.  R.  471:  27  Brit.  Q.  377. 
British  system;  52  Brit.  Q.  57.  Delusions;  37  Nation  90.  Is  it  a  failure? 
3  Cent.  L.  J.  124:  4  Cent.  L.  J.  290.  Reform  of;  31  Alb.  L.  J.  504:  50 
Cham.  J.  785:  3  Jour.  Jur.  463.  New  view  of;  50  L.  T.  234:  43  Dub. 
Rev.  471.  Reform  of;  2  Iri.  L.  T.  471 :  65  Law  T.  430:  44  Nation  546: 
67  Spec.  917.  Right  to  trial  by  jury;  i  Cent.  L.  J.  296.  Preservation 
of;  23  Law  Mag.  and  Rev.  291.  Advantages  of;  35  N.  Am.  Rev.  447: 
45  L.  T.  440:  43  L.  T.  137.  Trial  with  closed  doors;  30  Jour.  Jur.  291. 
Jeremiah  Black  defence  of  the  right  of  trial  by  jury  in  Supreme  Court 
of  U.  S.,  Dec.  term  1866,  4  Wall.  2:  De  Tocqueville  Democracy  in  Am. 
307:  Story  on  Const.  633.  Federalist  reform  paper  No.  83.  Declaration 
of  Independence,  one  cause  assigned  for  it  was  refusal  of  trial  by  jury. 

DECLARATION  OF  RIGHTS. 

Section  8.  No  person,  for  the  same  ofifense,  shall  be  twice  put  in 
jeopardy  of  life  or  limb. 


30  the;  constitution  of  the;  state;  of  maine. 

.Not  to  be  put  in  jeopardy  twice  for  same  offense.     37  Me.,  165;  59  Me., 
141 ;  70  Me.,  457. 

Twice    in    Jeopa.rdy. 

Former  acquittal  or  conviction  may  be  pleaded  in  bar  to  an  indictment 
,  or  on  appeal.     This  principle  is   founded  on   the  well-known  maxim  of 

the  Common  Law  "That  a  man  shall  not  be  brought  into  danger  of  his 
life  or  liberty  for  one  and  the  same  offense  more  than  once."  It  is  held 
in  all  books  of  common  law  that  where  a  man  has  been  found  not  guilty, 
or  guilty,  on  an  indictment  or  appeal  free  from  error,  well  commenced 
before  any  court  having  jurisdiction  of  the  person  and  cause,  he  may  at 
common  law  in  all  cases  whatsoever,  plead  such  former  acquittal  or  con- 
viction in  bar  to  a  second  trial  for  the  very  same  oft'ense ;  4  Coke  40-45 : 
4  Black.  335:  2  Hawkins  P.  C.  Ch.  35. 

This  principle  is  found  in  the  constitutions  of  all  the  states;  see  also. 
Art.  5  U.  S.  Const:  18  Wall.  163:  131  U.  vS.  179:  120  U.  S.  274.  Adjudi- 
cations under  this  section.  Discharge  of  jury  after  arraignment;  2 
McLean  114.  Effect  of  Nolle  Prosequi  after  trial  commenced.  Added 
punishments,  18  Wall.  153.  Former  jeopardy,  4  Crim.  L.  Mag.  487. 
Annotated  cases,  6  Crim.  L.  Mag.  61:  26  .A.lb.  L.  J.  324:  18  Cent.  L.  H. 
43:  I  Am.  L.  J.  49:  4  Crim.  L.  Mag.  27:  Proff.  on  Jury  Trial,  sec.  490: 
I  Bishop  Crim.  Law.,  sec.  873.  Improper  adjournment  of  trial,  48 
Cal.  323. 

Section  9.  Sanguinary  laws  shall  not  be  passed;  all  penalties  and 
punishments  shall  be  proportioned  to  the  offense;  excessive  bail  shall  not 
be  required,  nor  excessive  fines  imposed,  nor  cruel  nor  unusual  punish- 
ments inflicted. 

Sanguinary  laws  prohibited.     39  Me.,  258;  93  Me.,  420;  94  Me.,  132. 


Sanguinary    Laws. 

In  the  time  of  Blackstone  one  hundred  and  sixty  crimes  were  by  act 
of  Parliament  punishable  with  death,  4  Black.  Com.  18:  Ruffhead's  Index 
title  Felony:  4  Black.  17.  A  century  ago  ten  crimes  in  Massachusetts 
and  twenty  in  Delaware  were  punishable  with  death,  And.  Law.  Diet, 
title  "Punishment":  i  McMaster  Hist.  People  of  U.  S.  100:  i  Stephen 
Hist.  Crim.  Law.  Eng.  457-476.  In  1821  Maine  Legislature  declared 
treason,  murder,  arson,  rape  and  robbery  punishable  with  death,  see  laws 
of  Maine  1828.  The  saying  that  "whosoever  shall  keep  the  whole  law, 
and  yet  offend  in  one  point  is  guilty  of  all,"  was  fully  exemplified  in  the 
punishments  administered  to  the  murderer  and  to  the  petty  thief,  4  Black. 
Com.  18 :  I  Stephen  Hist  Crim.  Law  Eng.  466-482.  Gradations  of  punish- 
ments to  fit  the  crime,  see  Roman  Civil  Law :  i  Stephen  Hist.  Eng.  Crim. 
Law  9.  Excessive  punishment  of  petty  misdemeanors  under  the  Four 
Georges,  see  (1822)  Black  Act  9  Geo.  i  ch.  27:  Act.  Geo.  2d  ch.  6:  Act. 
7  &  8  Geo.  4th  ch.  28:  see  Stephen  Hist.  Eng.  Law  469.  In  1827  was 
developed  the  English  criminal  code  recognizing  in  the  nature  of  the 
punishment,  the  degree  or  heinousness  of  the  crime.  At  the  time  of  our 
national  independence  the  abuses  of  cruel  and  unusual  punishments  had 
not  wholly  disappeared  from  the  English  criminal  code  and  excessive  bail 
was  often  required  by  colonial  courts,  see  Declaration  of  Independence: 
Schouler  Const.  Studies  33.  The  court  of  the  U.  S.  and  of  the  several 
states  contain  this  section  of  our  Declaration  of  Rights  copied  from 
Magna  Charta,  sec.  45.    . 

General  citations.  Punishment,  ends  of,  29  Rep.  Q.  251.  Inequality 
of,  14  Nineteenth  Cent.  5I7.  Mediaeval  and  modern,  54  Atl.  302.  Old 
Eng.  modes  of,  13  Leisure  Hours.  Bentham's  theory  of,  Edbg.  R.  32: 
43  Princ.  R.  61.  Law  of,  5  Old  and  New  745:  47  N.  Am.  Rev.  452:  10 
N.  Am.  Rev.  235:  60  Black.   Mag.  721.     In  the  Army,   15   Black.  309. 


the;    constitution    of   the    state    of    MAINE.  31 

Equivalent  to  the  crime,  46  Gents.  Mag.  (N.  S.)  360:  20  Amer.  427. 
Ethics  of,  52  Fortnightly  112:  182  Living  Age  387.  Mediaeval,  3  Green 
Bag  481.  Ancient  and  singular,  65  All  the  Year  132.  Failure  of,  7 
Green  Bag  454.  Improvement  in,  17  Andover  Rev.  393.  Rationale  of, 
I  Open  Court  134.  Retributive,  73  Spec.  173.  Theory  of,  2  Ethics  232, 
In  Ancient  Massachusetts,  15  Nat'l  M.  67.  Military,  6  U.  S.  Serv. 
Mag.  196. 

Punishment. 

Old  fashioned,  14  Irish  L.  T.  514:  9  Am.  L.  Rev.  437.  Obsolete,  6 
Penny  Mag.  338:  17  Cornhill  Mag.  559.  By  hard  labor,  6  Jour.  Jur.  458. 
Inequality  of,  17  Irish  L.  T.  505.  Of  accomplices,  3  Cent.  L.  J.  381.  Of 
convicts,  6  L.  Rep.  193:  17  Westm.  52:  3  Jurist  122.  Penal  servitude, 
44  Contemp.  169:  23  Galaxy  355.  Object  of  punishment,  22  Am.  Jur. 
359:  5  Law  J.  213:  I  Jurist  354:  4  Law  Mag.  129.  Reason  of,  19  Dem. 
Rev.  90.  Certainty  of,  11  Alb.  L.  J.  282.  Capital,  9  Law  Rep.  331:  27 
Law  T.  149 :  35  Law  Mag.  223.  By  whipping  post,  9  Am.  Bar  Ass'n 
286.  Before  conviction,  24  Law  Times  193.  Reformation  of,  Soc.  Sci. 
Ass'n.  Addresses  1857,  1858,  1859,  i860,  1862,  1863.  Electrocution,  not 
cruel  and  unusual  punishment,  142  U.  S.  Rep.  155.  Punishment  of 
witches,  Quakers  and  Baptists  in  New  England  Colonies,  McMaster  Hist. 
People  of  U.  S.:  Salem  Witchcraft,  Hist,  of,  etc. 

Section  id.  No  person  before  conviction  shall  be  bailable  for  any  of 
the  crimes,  which  now  are,  or  have  been  dominated  capital  offenses  since 
the  adoption  of  the  Constitution,  where  the  proof  is  evident  or  the  pre- 
sumption great,  whatever  the  punishment  of  the  crimes  may  be.  And 
the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when  in  cases  of  rebellion  or  invasion  the  public  safety  may  require  it. 

Bailable  offenses.  (Resolve  of  Mar.  30,  1837:  Amendment  11.) — 
habeas  corpus.     66  Me.,  74.     Bills  of  attamder,  etc. 


Bail. 

Sec.  10.  A  person  charged  with  any  of  the  following  crimes,  where  the 
proof  is  evident  and  the  presumption  great,  cannot  be  admitted  to  bail  under 
this  section  before  conviction,  viz : — 

Treason,  see  ch.   i  Pub.  Laws  182 1. 

Murder,  see  ch.  3  Pub.  Laws  1821. 

Rape,  see  ch.  4  Pub.  Laws  1821. 

Burglary,  armed  with  dangerous  weapon,  see  ch.  6  Pub.  Laws  1821. 

Robbery,  when  armed  with  a  dangerous  weapon,  see  ch.  7  Pub.  Laws 
1821. 

Bail.  4  Jurid.  Rev.  341 :  i  We.«tm.  Rev.  292.  Anomalies  of,  26  Jour. 
Jur.  248:  6  Am.  Jurist  66:  10  Wash.  L.  Rep.  673.  In  misdemeanors,  i 
Magistr.  140.  In  capital  cases,  20  Cent.  L.  J.  103 :  6  Crim.  L.  Mag.  i : 
16  Chic.  Leg.  News  80.  Power  of  courts  in,  15  Am.  I^.  Reg.  i :  10  Irish 
L.,  T.  543.     Limits  of,  8  U.  C.  L.  J.  141 :  20  Cent.  L.  J.  264. 


» 


i 


Habeas   Corpus. 
The  writ  of  Habeas  Corpus  was  framed  by  the  courts  as  a  means  of 
carrying  out  and  enforcing  the  provisions  of  ch.  29  Magna  Charta  which 
is  substantially  embodied  in  section  6  of  our  Declaration  of  Rights.     Hurd 
on   Habeas   Corpus   75.     It   is   the   keystone   to   civil   liberty,   Ferguson's 
essay  on  civil  liberty  302.     It  is  applicable  to  every  person  of  every  rank 
in  life,  3  Bentham  435.     From  the  time  of  Magna  Charta,  this  writ  has 
been    the    one    instrument   against    oppression    and    wrong    which    every 
Englishman  could  demand  as  his  right,  Hurd  Habeas  Corpus  yy.  2  Hallam 
Const.   Hist.   177.     It  exists  today  in  its  original   form,   Stephen  Const. 


32  the;    constitution    of   THF,    state    of    MAINE. 

Hist.  England.  Abuses  arose  to  such  an  extent  under  this  writ  in  refer- 
ence to  the  delay  of  its  issue  and  service  (see  English  Bill  of  Rights, 
Discussion)  that  by  the  Habeas  Corpus  Act,  31  Chas.  H  and  Act  56 
Geo.  HI  it  was  enacted  that  this  Writ  of  Right  should  be  granted  at  once 
on  application  to  the  courts,  and  should  be  served  forthwith  and  hearing 
thereon  had  within  three  court  days  of  the  return  thereof.  Contests 
concerning  this  right,  see  Mr.  Emiyn's  remarks  i  State  Trials  2^  preface ; 
see  also  p.  16,  30,  51,  241,  248:  5  State  Trials  373.  Habeas  Corpus 
declared  a  writ  of  right,  18  State  Trials  19.  Writ  of  Error  does  not  lie 
upon  Habeas  Corpus,  14  State  Trials  848.  Wilkes  case,  19  State  Trials 
983.     Discussion  of  the  judge  respecting  the  issue  of  this  writ  in  vacation, 

20  State  Trials  1374.  Argument  in  case  of  seven  Bishops,  12  State  Trials 
202.  The  suspension  of  this  writ,  even  in  times  of  great  public  danger, 
has  always  been  the  occasion  of  earnest  and  vehement  protests  from  the 
people,  both  in  England  and  the  United  States.  See  Habeas  Corpus  vs. 
Martial  Law,  93  No.  Am.  R.  471.  Suspension  during  the  Rebellion,  3 
Pol.  Sci.  Q.  454.  Opinion  of  Atty.  Gen.  of  U.  S.  on  suspension  of,  24 
Law  Rep.  129:  23  Leg.  Inst.  396.  Abuses  of  the  writ,  i  Ga.  Bar  Ass'n 
119:  6  Am.  Bar  Ass'n  243 :  18  Am.  L.  Rev.  i :  7  Am.  Bar  Ass'n  13.  Case 
of  Dennis  Kearney  5  Pacif.  Coast  Law  Jr.  549.  Defects  in  the  law  of, 
22  Law  Rev.  149. 

General  citations :  54  Law  Mag.  278 :  4  Am.  L.  Reg.  257 :  i  Am.  L.  Reg. 
513.  In  case  of  fugitive  slaves,  7  U.  C.  L.  J.  171,  198:  i  Am.  L.  Mag. 
348:  17  Leg.  Obs.  225-264:  23  Law  Rep.  7.  Custody  of  child,  i  Chic.  L. 
N.  37:  15  Cent.  L.  J.  281 :  6  Crim.  L.  Mag.  Annotated  cases  500:  47  Law 
Times  22.  Deserters  from  Army,  Annotated  cases,  22  Cent.  L.  J.  370: 
7  Crim.  L.  M.  I :  Extradition  Cases,  7  Crim.  L.  M.  289:  18  Fed.  Rep.  70: 
2  Kan.  L.  J.  225 :  12  Alb.  L.  J.  228:  18  Cent.  L.  J.  368:  9  Am.  L.  Reg.  705. 

Section  ii.  The  Legislature  shall  pass  no  bill  of  attainder,  ex  post 
facto  law,  nor  law  impairing  the  obligation  of  contracts,  and  no  attainder 
shall  work  corruption  of  blood  nor  forfeiture  of  estate. 

U.  S.  Const.  Art.  1,  Sec.  10;  i,  2  Me.,  275;  5  Me.,  66;  6  Me.,  112,  355; 
7  Me.,  474;  II  Me.,  109,  118,  284;  14  Me.,  344;  15  Me.,  135;  18  Me.,  109; 

21  Me.,  53;  23  Me.,  360;  24  Me.,  520;  2"]  Me.,  212;  42  Me.,  429;  45  Me., 
507;  47  Me.,  91 ;  48  Me.,  34;  49  Me.,  507;  50  Me..  114;  51  Me.,  480;  57  Me., 
394;  63  Me.,  269,  285,  333;  65  Me.,  129;  71  Me.,  383;  74  Me.,  139;  80 
Me.,  469,  561.  '^^ 

Bill  of  Attatnder. 
Attainder,  meaning  of.  Pollution  of  blocd,  extinguishment  of  inherit- 
able quality  of  blood,  Anderson's  Diet.,  title  Attainder.  Party  attainted 
in  ancient  times  could  neither  receive,  convey  or  inherit  property  nor 
could  his  descendants.  Bill  of  Attainder  is  a  legislative  act  convicting 
or  attainting  particular  persons  of  particular  offenses,  see  "Const.  Debates 
of  Maine"  1819  p.  120,  was  a  law  which  declared  certain  persons  attainted, 
their  blood  corrupted,  so  that  it  lost  its  heritable  quality,  4  Wallace  U.  S. 
387.  In  these  cases  the  legislature  exercised  juridicial  functions,  pro- 
nouncing persons  guilty  without  the  formality  of  a  hearing  or  trial.  Ibid. 
See  Black.  Com.  380 :  Const.  U.  S.  Art.  i  Sec.  9  CI.  3 :  Art.  3  Sec.  3  CI.  2 : 
Art.  I  Sec.  10.  In  England,  see  92  U.  S.  R.  210:  2  Black.  Com.  256:  2 
Story  Const.  Sec.  1344.  Law  of  Attainder,  16  Leg.  Obs.  305 :  i  Leg. 
Exam.  137.  History  of,  in  time  of  Henry  VIII,  i  State  Trial  481. 
Opinions  concerning  bills  of,  16  State  Trials  651 :  13  State  Trials  726. 
Act  of  Attainder  in  rebelHon  1745,  see  18  State  Trials  640.  Summary 
of  the  effect  of,  19  State  Trials  979.  By  Stat.  7  Anne  C.  21  disherison 
from  attaint  was  limited  to  the  life  of  the  offender,  see  Emiyn's  remarks 
Preface  vol.  i  State  Trials  p.  28. 


thu  constitution  of  thi:  stati;  op  Maine;.  33 


Bills  of  Attainder,  History  of.  Meaning  of  in  England. 
Bill  of  Attainder  is  an  act  putting  a  man  to  death  or  otherwise  punish- 
ing him  without  trial,  i  Stephen  Hist.  Crim.  Law  of  Eng.  i6o.  In  1478 
Bill  of  Attainder  was  passed  against  George,  Duke  of  Clarence,  brother 
of  the  King,  by  act  18  Edward  TV,  i  State  Trials  275.  He  was  drowned 
in  a  butt  of  wine.  Bills  of  Attainder  were  very  frequent  in  the  reign  of 
Henry  VHI  instead  of  impeachments.  See  cases  Thomas  Wolsey,  Arch- 
bishop of  York  (1529)  I  State  Trials  367,  384:  Bill  against  Queen  Cath- 
erine Howard  (1541)  i  State  Trials  446:  Against  Thomas  Howard, 
Duke  of  Norfolk  (1446)  Act.  38  Henry  VHI,  i  State  Trials  451:  The 
Earl  of  Surry,  Ibid:  In  1670  against  Sir  Wm.  Stafford,  Act.  i  James  II 
7  State  Trials  12 17,  1564:  Against  Duke  of  Monmouth  (1685)  11  State 
Trials  259,  1023,  1048:  Against  Sir  John  Fenwick  (1696)  by  Act  8  Will. 
Ill,  see  State  Trials,  vol.  13,  p.  537,  542,  758:  Against  Bishop  of  (Attes- 
burg  Frances)  Rochester  (1723)  Act.  9  Geo.  I,  i  State  Trials  323,  425, 
693.  The  Bill  of  Attainder  against  Queen  Caroline,  wife  of  George  IV, 
June  6,  1620,  was  the  last  instance  of  such  legislation  in  England,  Stephen, 
Hist.  Crim.  Law  of  Eng. 


Ex  Post  Facto  Law.  Meaning  of. 
A  law  whose  penal  provision  is  not  established  until  after  the  act  is 
done.  Of  a  sentence  beyond  the  law,  where  the  judge  of  his  own  author- 
ity appoints  a  punishment  which  the  legislature  has  not  appointed,  Jeremy 
Bentham  84.  Any  law  which  is  enacted  after  the  offense  was  committed 
and  which  in  relation  to  that  crime  or  its  consequences,  alters  the  situation 
of  the  accused  to  his  disadvantage,  152  U.  S.  377:  107  U.  S.  221 :  Schouler  * 
Const.  Studies  150:  3  Dallas  386:  6  Cranch  87:  4  Wallace  172,  333.  Does 
not  apply  to  civil  proceedings,  8  Peters  88:  17  How.  456:  134  U.  S.  160: 
128  U.  S.  189.  Retrospective  laws  not  impairing  obligations  of  contracts 
or  partaking  the  character  of  ex  post  facto  laws,  are  not  forbidden  by 
this  section,  see  3  McLean  217:  5  Mcl,ean  165:  6  McLean  441,  See  titles 
Retrospective,  Retroactive  and  Constitutional  Law,  Remedies  and  Pro- 
cedure, Ultra  Vires,  Const.  Limitations,  Punishment,  etc.,  and  False 
Imprisonment. 


Laws  Impairing  Obligations  of  Contracts. 
See  Const.  U.  S.  Art.  i  Sec.  10,  a  prohibition  upon  the  states.  See 
Federahst  Paper  No.  44,  No.  7  Private  contracts.  It  appears  that  prior 
to  the  adoption  of  the  Constitution,  several  of  the  colonies  had  passed 
laws  seriously  interfering  with  the  obligation  of  contracts  made  in  other 
states;  Schouler  Const.  Studies  152.  Law  of  defined,  102  U.  S.  203:  6 
How.  327.  Change  of  remedy,  4  Wheat.  122:  i  How.  311:  103  U.  S. 
714.  Discharge  in  bankruptcy,  effect  of,  12  Wheat.  213:  6  Pit.  348,  635: 
128  U.  S.  489:  4  Wall.  535.  Remedy  to  enforce,  96  U.  S.  69:  102  U.  S. 
651.  Stat,  of  Limitations,  95  U.  S.  628.  See  Contracts,  Usury,  Form 
of  Action,  Rules  of  Evidence,  Burden  of  Proof,  Exemption  Laws,  Stay 
Laws,  Statute  of  Frauds,  etc..  Vested  rights.  Charters,  Lotteries,  Cor- 
porations, in  Am.  &  Eng.  Ency.  of  Law,  and  Savage's  Index  Digest. 


DECLARATION  OF  RIGHTS. 
Section  12.     Treason  against  this  State  shall  consist  only  in  levying 
war  against  it,  adhering  to  its  enemies,  giving  them  aid  and  comfort.     No 
person  shall  be  convicted  of  treason  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  confession  in  open  court. 
Treason.     Testimony  of  two  witnesses. 
3 


34  .  THE    CONSTITUTION    OF   THE    STATE    OE    MAINE. 


Treason;  What  Constitutes. 
By  Stat.  I  Edward  6  Chap  12  sec.  22,  treason  consisted  in  adhering 
to  the  King's  enemies,  compassing  the  King's  death  or  levying  war 
against  him.  In  1708  it  was  held  by  the  English  judges  that  writings 
or  publications  containing  treasonable  sentiments,  subjected  the  author 
of  them  to  indictment  and  trial  for  high  treason;  14  St.  Tri.  1376  note. 
In  Owen's  case,  words  spoken  hostile  to  the  King  were  held  to  constitute 
high  treason;  2  St.  Tri.  882.  Constructive  treason,  see  3  St.  Tri.  1466: 
Hardy's  case,  24  St.  Tri.  877.  Attempt  to  marry  a  person  claiming  title 
to  the  Crown,  held  to  be  treason,  as  designed  to  compass  the  King's  death, 
see  Duke  of  Norfolk's  case,  i  St.  Tri.  IC03.  Two  witnesses  to  same 
overt  act.  In  Sir  Walter  Raleigh's  case  it  was  held  that  two  witnesses 
to  same  act  were  not  necessary,  2  St.  Tri.  15.  Treason  against  the  United 
States  or  against  the  State,  consists  in  levying  war  upon  the  State  or 
adhering  to  her  enemies  and  giving  them  aid  and  comfort;  U.  S.  Const. 
Art.  3  Sec.  3  CI.  i.  Treason  was  thus  liberally  and  clearly  defined  in 
order  to  eliminate  from  our  laws  the  hated  and  unjust  doctrine  of  "Con- 
structive Treason,"  whereby  many  Englishmen  had  been  tried,  convicted 
and  executed  for  hostile  feelings  expressed  in  words  toward  the  King 
or  some  of  his  officers;  see  Schouler's  Const.  Studies  176. 


What  Constitutes  Levying  War. 
2  Dall.  346:  2  Abb.  (U.  S.)  364:  4  Cranch  75:  i  Dall.  35.  Comments 
on  the  English  doctrine  of  Constructive  Treason:  4  Cranch  470:  3  Wash. 
234:  2  Dall.  86:  2  Wall  Jr.  139:  i  Paine  265.  Giving  aid  and  comfort  to 
>£nemies  defined;  2  Abb.  (U.  S.)  364.  Necessity  of  two  witnesses  to  the 
same  overt  act,  see  2  Abb.  (U.  S.)  364. 

Who  Can  Be  Guilty  of  Treason  Against  the  United  States. 

1st.     Citizens  of  the  United  States,  wherever  located. 

2d.  Aliens  who  reside  within  our  limits  and  are  enjoying  the  benefits 
and  protection  of  our  laws;  16  Wall.  147:  12  Wall.  342.  It  is  difficult 
to  imagine  a  case  where  treason  against  the  State  would  not  also  be 
treason  against  the  United  States;  see  discussion  of  State  rights.  Seces- 
sion fealty  to  State,  etc.,  Schouler  Const.  Studies  177  note.  Can  it  be 
committed  against  one  of  the  United  States?  4  Am.  Law  Mag.  318: 
Curiosities  of  the  law  of,  37:  Fortn.  Rev.  587:  Louis  Riel's  case,  19  Am. 
Law  Rev.  929:  21  Cent.  L.  J.  446:  Aaron  Burr's  case,  i  Am.  L.  J.  344: 
Jefiferson  Davis'  case,  3  Am.  L.  Rev.  368.  Does  resistance  to  laws  con- 
stitute? 23  Law  705. 

DECLARATION   OF  RIGHTS. 
Section  13.     The  laws  shall  not  be  suspended  but  by  the  Legislature 
or  its  authority. 
Suspension  of  laws. 

Suspension    of   Laws   by   Legislative    Authority. 

See  Const.  U.  S.  Art.  i  Sec.  9  Par.  2.  Congress  alone  has  the  power 
to  authorize  suspension  of  Habeas  Corpus  within  the  jurisdiction  of  U.  S. 
Courts  and  the  suspension  of  its  laws;  4  Wall.  2:  4  Cranch  75:  12  Wheat. 
19:  I  Abb.  212:  5  Blatch.  63. 

The  civil  laws  of  the  United  States  can  be  suspended  only  in  cases  of 
absolute  necessity  as  in  case  of  actual  rebellion  or  invasion;  4  Wall.  2. 

A  state  cannot  establish  a  military  government,  but  it  may  use  military 
power  to  overcome  domestic  insurrection  and  declare  martial  law  for  such 
purpose,  but  in  all  cases  where  such  necessity  does  not  exist,  the  civil  law 
is  supreme;  7  Howard   i.     The  laws  of  the  state  cannot  be  suspended 


THE    CONSTITUTION    OJ*   THE)    STATE   OP    MAINE.  35 

indefinitely  even  by  the  legislature ;  see  Art.  4  Sec.  4  Const.  U.  S. :  7  Wall. 
646:  12  Wheat.  29.  Since  the  United  States  guarantees  to  every  state  a 
republican  form  of  government  and  declares  that  the  military  law  is 
subservient  to  civil  law  in  all  cases  where  necessity  does  not  demand 
otherwise.  Habeas  Corpus  and  Martial  Law;  93  Am.  Rev.  471 :  70  Eel. 
Rev.  325 :  64  Knick.  206 :  45  Dub.  Rev.  388.  Martial  law  during  the 
Revolution;  i  Mag.  Am.  Hist.  705  &  558,  see  also  5  U.  S.  Serv.  Mag.  121, 
516:  15  Cornhill  484:  43  Chamb.  Jour.  6.  When  suspension  of  laws  is 
justified;  163  No.  Am.  Rev.  549:  6  Spectator  1391.  Distinction  between 
military  and  martial  law;  29  Law  Mag.  &  Rev.  24. 

Martial  law;  Soc.  Sci.  Ass'n  (1868)  268:  93  N.  Am.  Rev.  471 :  102  N, 
AM.  Rev.  334 :  3  L.  J.  384 :  42  L.  T.  474.  Power  of  Legislature  to  suspend 
a  law  for  the  benefit  of  an  individual ;  14  Am.  Tur.  83 :  13  Am.  Jur.  72.  Civil 
law  is  government  by  reason.  Martial  law  is  government  by  force  and  can 
only  be  justified  from  absolute  necessity. 

DECLARATION  OF  RIGHTS. 

Section  14.  No  person  shall  be  subject  to  corporal  punishment  under 
military  law,  except  such  as  are  employed  in  the  army  or  navy,  or  in  the 
militia  when  in  actual  service  in  time  of  war  or  public  danger. 

Corporal  punishment  under  military  law. 

Corporal   Punishment  Under  Miijtary  Law. 

History  of  in  U.  S.  Army  and  Navy.  In  1775  Congress  authorized 
whipping  in  the  arm.y  not  exceeding  39  lashes;  see  Art.  51  U.  S.  Military 
Code.  In  1776  U.  S.  Military  Code  Art.  3  Sec.  authorized  infliction  of 
100  lashes;  see  also  same  Art.  24  1776.  In  1781  it  was  proposed  in 
Congress  to  increase  punishment  to  500  lashes,  but  this  proposition  was 
rejected  by  that  body;  see  3  Journal  of  Congress  631.  In  1806  Art  87 
U.  S.  Military  Code,  50  lashes  were  made  the  limit.  May  16,  1812,  flog- 
ging in  the' army  was  abolished.  March  2,  1833,  this  punishment  was 
revived  by  law.  It  was  largely  practiced  to  punish  deserters  in  the 
Florida  and  Mexican  wars.  Flogging  was  again  abolished  in  U.  S.  Army 
Aug.  5,  1861.  In  1874  by  Art.  98  U.  S.  Military  Code,  flogging,  marking, 
branding  and  tattooing  as  punishments  were  abolished  in  U.  S.  Army  and 
in  the  Navy  the  same  year  by  Art.  49  U.  S.  Naval  Code.  Shaving  the 
head,  carrying  weights,  wearing  irons,  etc.,  as  punishments  in  the  military 
service  have  been  abolished  by  general  orders ;  see  Winthrop's  Military 
Law,  p.  673.  On  the  field  of  battle  and  in  actual  service  summary  punish- 
ments not  authorized  by  military  law  are  often  inflicted,  even  to  the 
taking  of  life;  and  are  justified  by  the  necessities  of  the  case:  Winthrop's 
MiHtary  Law,  p.  681. 

Corporal  punishment  under  ovir  militia  law  is  not  recognized.  The 
extreme  punishment  under  our  State  military  code  consists  in  fining  the 
offender,  or  in  a  dishonorable  discharge  from  the  service.  Punishment 
in  Army,  15  Blackw.  309:  Whipping  Post,  9  Am.  Bar  Ass'n  Rept.  286. 
Flogging,  30  Pittsb.  Leg.  J.  126:  19  Dem.  Rev.  90:  4  Law  Mag.  129:  143 
Mo.  Rev.  380:  2  Law  "Mag.  &  Rev.  (N.  S.)  441:  i  Jurisp.  356:  14  Cent. 
Mag.  355:  20  Westm.  489:  6  19th  Cent.  604.  Naval  Discipline,  3  U.  S. 
Mag.  576.  Whipping  not  a  cruel  and  unusual  punishment,  4  Crim.  Law 
Mag.  401 :  28  Pop.  Sc.  Mo.  830:  6  Alb.  L.  J.  70:  2  West.  Hist.  192.  Whip- 
ping Post,  29  Good  Words  314:  32  Leisure  Hours  103:  14  New  Rev.  687: 
27  Chambers  Jour.  81 :  16  Once  a  Week  398:  23  Lippincott  304:  i  Naval 
M.  413:  2  Westm.  Rev.  230:  48  Harper  556. 

Corporal  punishment  for  civil  offenses  was  formerly  authorized;  see 
Stat.  U.  S.  Apr.  30,  1790,  chap.  9,  title  "Larceny."  Abolished  Feb.  28, 
1839,  U.  S.  Stat.  chap.  36  sec.  5.     The  whipping  post,  ducking  stool  and 


36  THE    CONSTITUTION    OF   THE    STATE    OF    MAINE. 

Stocks  were  New  England  institutions  in  colonial  times,  see  Court  of 
Records  of  York  Co.  Hist.  New  England:  McMasters  Hist.  People  of 
U.  S.  In  England  robbery  with  violence,  and  brutal  assaults  are  punished 
with  flogging  on  the  bare  back,  57  Albany  Law  Journal  105. 

DECLARATION   OF  RIGHTS. 

Section  15.  The  people  have  a  right  at  all  times  in  an  orderly  and 
peaceable  manner  to  assemble  to  consult  upon  the  common  good,  to  give 
instructions  to  their  representatives,  and  to  request,  of  either  department 
of  the  government  by  petition  or  remonstrance,  redress  of  their  wrongs  and 
grievances. 

Right  of  petition. 

Right  to  Assemble  Peaceably  and  Right  of  Petition. 
Origin  of  public  meetings.  The  Goth  and  Vandal  tribes  that  destroyed 
the  Roman  Empire  in  the  fifth  century,  introduced  into  Europe  the  prin- 
ciple of  individual  liberty,  and  also  the  right  of  every  man  to  be  heard, 
however  humble  his  position;  see  Robertson's  Charles  the  Fifth,  state  of 
Europe  and  notes.  "The  public  meeting  is  seen  from  the  first  in  the 
American  colonies.  As  a  means  of  expressing  public  opinion  it  must  be 
regarded  as  a  vital  part  of  self  government" :  Rise  of  the  Republic  of  the 
U.  S.  (Frothingham)  p.  27.  Town  meetings,  laws  relating  to,  see  Froth- 
ingham  p.  26.  Prohibited  by  Duke  of  York  in  1665;  see  same  author  p. 
80:  see  Art.  i  Amnd.  Const.  U.  S. :  5  How.  410:  92  U.  S.  542.  Petition,, 
right  of,  57  Law  Jour.  381 :  i  Law  Jour.  468:  12  Westmr.  430:  9  Law  Jour. 
634:  7  Irish  L.  T.  523:  7  Dem.  Rev.  326.  Free  Discussion,  right  of,  g 
Am.  Bib.  Repos.  368;  see  Mass.  Code  1641 :  Virginia  Code  1642:  Letter 
of  Joseph  Warren,  Mar.  19,  1766:  Petition  of  freemen  of  Charleston  1668: 
Hist.  Charlestown  p.  159.  Vindication  of  the  right  of  petition;  see  Morse's 
life  of  John  Q.  Adams. 

DECLARATION   OF  RIGHTS. 

• 

Secfion  16.  Every  citizen  has  a  right  to  kee^  and  bear  arms  for  the 
common  defense ;  and  this  right  shall  never  be  questioned. 

To  keep  and  bear  arms. 

The  right  of  the  people  to  keep  and  bear  arms  for  the  common  defence 
shall  never  be  questioned. 

This  refers  to  the  arms  of  a  militia  man  or  soldier  and  the  word  arms 
is  used  in  a  military  sense.  English  vs.  State,  35  Texas  476.  It  means 
to  keep  and  use  such  arms  for  military  purpose  and  not  the  carrying 
about  of  dangerous  weapons  and  firearms  for  the  purpose  of  committing 
murderous  assault  or  engaging  in  personal  encounters.  Fife  vs.  State, 
31  Ark.  455:  Andrews  vs.  State,  3  Heisk.  (Tenn.)  176.  Law  against 
carrying  about  dangerous  weapons  does  not  conflict  with  this  provision. 
Hill  vs.  State,  53  Ga.  572:  Wright  vs.  Commonwealth,  yy  Pa.  St.  470: 
Chatteaux  vs.  State,  53  Ala.  388:  Cooley  Const.  Limit,  sec.  350  note. 

Art.  2,  Amend.  Const.  U.  S.  The  right  to  keep  and  bear  arms  shall 
not  be  prohibited.  A  law  forbidding  the  formation  of  private  military 
organizations  or  the  drilling  and  parading  of  armed  men  in  the  street  of 
a  city,  does  not  infringe  on  the  prohibition  of  this  article.  92  U.  S.  502: 
116  U.  S.  252:  5  Howard  (U.  S.)  410.  The  law  of  Maine  by  implication 
recognizes  the  right  of  a  citizen  to  go  about  armed  with  dangerous 
weapons  whenever  he  has  just  cause  to  fear  an  assault  upon  himself, 
family  or  property.  See  Chap.  130  Sec.  9  of  Rev.  Stat.  1883.  See  People 
vs.  Affeldt,  I  Crim.  Law  Mag.  97:  18  Chic.  L.  N.  239.  Constitutionality 
of  law  prohibiting  the  carrying  of  concealed  weapons :  see  full  discussion 
and  authority,  8  Crim.  Law  Mag.  404:  25  Am.  Rep.  556:  31  Ark.  445:  S 


THi:    CONSTITUTION    OF   THI)   STATE   OF    MAINE.  37 

Am.  Rep.  8:  4  Ark.  18:  8  Humph.  158:  14  Am.  Rep.  374:  18  Am.  Rep. 
538.  State  may  prohibit  a  particular  mode  of  carrying  arms,  (viz:  con- 
cealed), 86  N.  C.  697:  74  Mo.  528:  16  So.  Car.  187:  2  Litt.  (Ky.)  90. 
Travelers,  69  Md.  140:  69  Ala.  233.  Officers  of  the  law,  88  N.  C.  625. 
Traveler,  63  Ala.  95.  State  may  regulate  the  carrying  of  arms,  but  may 
not  forbid  carrying  of  arms,  9  Crim.  Law  Mag.  264. 

DECLARATION  OF  RIGHTS. 

Section  17.  No  standing  army  shall  be  kept  up  in  time  of  peace  with- 
out the  consent  of  the  Legislature,  and  the  military  shall,  in  all  cases, 
and  at  all  times,  be  in  strict  subordination  to  the  civil  power. 

Standing  armies  shall  not  be  kept. 

No  standing  army  shall  be  kept.  The  military  shall  be  subservient  to 
civil  power. 

The  standing  army  of  modern  times,  originated  in  France  in  1445, 
under  Charles  VIL;  it  was  perfected  and  made  a  national  organization 
by  Louis  XL  and  Louis  XIV.  in  his  contest  with  the  nobility.  It  was 
immediately  adopted  and  organized  by  all  the  other  nations  of  Europe. 
See  Ency.  Britannica,  title  'Army" :  Robertson's  Hist.  Chas.  V.,  vol.  i, 
p.  104:  Martin's  Hist.  France,  vol.  i,  p.  244.  The  maintenance  of  large 
standing  armies  in  Europe  has  ever  since  been  a  constant  menace  to  the 
peace  of  the  world  and  an  oppressive  burden  to  the  common  people:  38 
All  the  Year  17:  30  Dem.  Rev.  131 :  4  Republic.  209:  52  Westm.  205:  130 
Mo.  R.  73.  Inconsistent  with  a  free  government:  10  Pamphleteer  109: 
6  St.  Paul  138:  47  N.  Brit.  Rev.  404:  12  Temple  Bar  'jy.  13  Leisure  Hour 
809:  5  Overland  M.  (N.  S.)  423.  The  King  of  England  for  sixty  years 
prior  to  the  Revolution  kept  a  standing  army  in  the  American  Colonies: 
Bancroft  Hist.  U.  S.  vol.  4  p.  228:  vol.  5  p.  160  177:  Grenvill's  Diary, 
vol.  2,  see  Disarming  of  the  people  by  Gen.  Gage,  Frothingham's  Hist. 
Republic  365,  410.  See  Declaration  of  Independence,  recital  of  oppressive 
acts  of  the  King. 

The  army  of  the  United  States  may  consist  of  100,000  men  or  less. 


DECLARATION  OF  RIGHTS. 

Section  18.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
liouse  without  the  consent  of  the  owner  or  occupant,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

No  soldier  to  be  quartered  on  citizens  in  time  of  peace. 

In  the  time  of  the  crusades,  the  Knight  Templars  and  their  followers 
lived  upon  the  substance  of  the  people  whose  countries  they  traversed.  See 
Hist,  of  Crusades. 

In  feudal  times  the  government  furnished  neither  provisions  and  pay 
nor  ammunition  for  the  army.  The  men  at  arms  lived  upon  the  laboring 
classes  and  upon  the  spoils  of  war.  Victor  Duruy's  Hist.  France,  p.  239. 
As  late  as  1792  England  did  not  have  barracks  for  twenty  thousand  soldiers 
and  they  billeted  or  lodged  private  soldiers  upon  the  inhabitants  or  in  build- 
ings, hired  or  seized,  for  that  purpose ;  see  Ency.  Brittanica,  title  'Army." 
Prior  to  the  revolution  it  was  the  practice  of  English  commanders  in 
America,  to  demand  of  the  town  authorities,  quarters  for  their  troops.  It 
was  also  their  custom  to  billet  or  assign  soldiers  to  the  homes  of  citizens 
regardless  of  their  wishes  or  desires;  see  "Billeting  of  Soldiers"  43  New 
Eng.  Gen.  &  Hist.  Register  186;  Bancroft  Hist,  of  U.  S.  v.  6;  p.  50.  201, 
288;  see  also  Seizure  Private  Property  for  use  of  Army,  8  West.  Law  Jr. 
^2.  See  Declaration  of  Independence,  recital  of  oppressive  acts,  "Quarter- 
ing large  bodies  of  armed  troops  among  us." 

Until  a  comparatively  recent  period,  in  Europe,  it  has  been  customary 
to  billet  soldiers  upon  the  inhabitants.  The  billeting  of  soldiers  is  prac- 
tically unknown  incur  army;  Winthrop's  Military  Law  v.  i,  p.  3  note. 


38  .  the:  constitution  of  the  state  oe  maine. 


DECLARATION  OF  RIGHTS. 

Section  19.  Every  person,  for  an  injury  done  him  in  his  person, — repu- 
tation, property  or  immunities,  shall  have  remedy  by  due  course  of  law ; 
and  right  and  justice  shall  be  administered  freely  and  without  sale,  com- 
pletely and  without  denial,  promptly  and  without  delay. 

Right  or  redress  for  injuries.  68  Me.,  236;  74  Me.,  t."];  76  Me.,  41 ;  90 
Me.,  105,     Trial  by  jury. 

Right  to  a  legal  remedy  by  a  due  course  of  law  for  every  loss  or  injury 
to  person,  property  or  immunity. 

Due  course  of  law,  means  such  correct  and  orderly  proceedings  as  are 
imposed  by  the  law  of  the  land.  A  law  sound  in  policy  and  operating  up- 
on all  alike.  153  U.  S.  716;  92  U.  S.  480.  Taking  private  property  for 
pubHc  use  is  due  process  of  law,  95  U.  S.  295.  Due  process  of  law  c^oes 
not  imply  in  all  cases,  a  trial  by  jury,  3  Sawyer  144.  Due  process  means 
one  which  follows  the  forms  of  law  appropriate  to  the  cause  and  just  to 
the  parties,  iii  U.  S.  701.  Summary  seizure  of  property  for  taxes  18 
How.  272;  96  U.  S.  97;  95  U.  S.  37;  115  U.  S.  321 ;  92  U.  S.  575. 

Liens  on  lands  or  property,  113  U.  S.  506;  125  U.  S.  345.  Due  course 
of  law  does  not  necessarily  imply  judicial  proceedings.  Palmer  vs.  Mc- 
Mahon  133  U.  S.  660.  Street  improvement,  charge  of  lien  on  abutting 
owners,  28  U.  S.  578.  Notice  by  publication,  132  U.  S.  524.  Regulation 
of  certain  professions  and  employments  not  a  denial  of  right  129  U.  S. 

114- 

Examination,  engmeers  and  certification  requisite  to  employment.  Phy- 
sicians, etc.,  128  U.  S.  96.  Fixing  liability  of  R.  R.,  127  U.  S.  210,  but 
see,  laws  fixing  rates  of  transportation,  rates  of  wages,  etc.,  134  U.  S. 
418.  May  fix  maximum  rates,  94  U.  S.  113;  R.  R.  Co.  vs.  Iowa,  94  U.  S. 
155,  164;  125  U.  S.  680.  Condemnation  of  right  of  way,  130  U.  S.  559; 
95  U.  S.  714;  98  U.  S.  403.  Prohibition  of  use  of  engines  in  street  of  a 
city,  96  U.  S.  521.  Laws  making  use  of  property  less  valuable,  115  U.  S. 
512.  Corporations,  118  U.  S.  394.  Tolls  of  public  waterways,  123  U.  S. 
288.  Requiring  licenses  to  conduct  business  or  trade,  113  U.  S.  703. 
Police  regulations,  113  U.  S.  27.  Summary  punishment  for  contempt  of 
court.  Due  process  of  law,  134  U.  S.  31.  Statute  of  Limitations  de- 
prives one  of  right  of  action  after  certain  period  of  time,  115  U.  S.  620. 

Damnum  absque  injuria.  There  are  many  injuries  and  losses  to  in- 
dividuals as  well  as  to  the  public  for  which  there  is  no  legal  remedy  or 
redress.  As  for  competition  in  business,  3  Blackstone  Com.  224,  219,  125. 
Slanderous  words  proved  true;  Public  improvements,  74  Me.,  171;  109  U. 
S.  331;  Sedgwick  on  Damages,  29,  in;  94  N.  Y.  129;  133  Mass.  489;  25 
Vt.  49.  Exercise  of  a  pubUc  right,  119  U.  S.  285.  Inconveniences  there- 
by occasioned,  32  N.  Y.  489;  64  Miss.  479;  53  Am.  123:  See  Am.  and 
Eng.  Ency. :  Law,  title  "Damages"  Gould,  Chitty  and  Stephen  on  Plead- 
ing. 

DECLARATION  OF  RIGHTS. 

Section  20.  In  all  civil  suits,  and  in  all  controversies  concerning 
property,  the  parties  shall  have  a  right  to  a  trial  by  jury,  except  in  cases 
where  it  has  heretofore  been  otherwise  practiced;  the  party  claiming  the 
right  may  be  heard  by  himself  and  his  counsel,  or  either,  at  his  election. 

3  Me.,  97;  25  Me.,  488;  35  Me.,  255;  37  Me.,  156,  165;  39  Me.,  413; 
55  Me.,  193,  361 ;  60  Me.,  43;  62  Me.,  37;  65  Me.,  133;  80  Me.,  60;  86  Me., 
58.     See  Declaration  of  Rights  Art.  i.  Sec.  6,  and  cases  there  cited. 

DECLARATION  OF  RIGHTS. 

Section  21.  Private  property  shall  not  be  taken  for  public  uses  with- 
out just  compensation;  nor  unless  the  public  exigencies  require  it. 

7  Me.,  273;  8  Me.,  365;  10  Me.,  447;  12  Me.,  222;  16  Me.,  9;  18  Me., 
109;  31  Me.,  172;  34  Me.,  247;  43  Me.,  356,  359;  47  Me.,  206;  55  Me.,  191 ; 


THE    CONSTITUTION    OF   THE    STATE;    OF    MAINE.  39 

58  Me.,  590,  593,  598,  616;  59  Me.,  318,  549,  553;  60  Me.,  122,  132,  134, 
138,  295-6;  70  Me.,  524;  86  Me.,  498;  93  Me.,  129;  95  Me.,  575. 
See  Declaration  of  Rights  Art.  1,  Sec.  i  and  cases  there  cited. 


DECLARATION  OF  RIGHTS. 

Section  22.  No  tax  or  duty  shall  be  imposed  without  the  consent  of 
the  people  or  of  their  representatives  in  the  Legislature. 

57  Me.,  394;  84  Me.,  215.  Special  Taxation  of  real  estate  for  street  im- 
provement, sewers,  etc.,  see  Ch.  285,  Pub.  Laws — 1889;  9  Hirsh.  349; 
34  111.  203;  32  Ark.  31 ;  73  Maine,  518;  112  Mass.  541 ;  127  Mass.  408;  114 
Mass.  388;  124  Mass.  464;  70  Maine,  515;  82  Maine,  188. 

Limitation  on  power  of  a  county  to  Levy  taxes,  Duty  on  Taxation  1062. 
Limited  only  by  constitution  or  Law  enacted  by  legislature.  The  same 
rule  applies  to  municipal  corporations.  They  are  both  under  the  control 
of  the  legislature  and  can  assess  only  such  an  amount  of  taxes  yearly  as 
that  body  authorizes. 

The  power  of  the  legislature  to  lay  taxes  to  any  amount  is  unlimited 
except  by  the  constitution  of  the  State  and  of  the  United  States  Duty  on 
Taxation  88. 

The  power  to  tax  is  vested  exclusively  in  the  legislature.  Duty  on 
Taxation  89;  76  111.  561 ;  4  111.  130;  21  111.  174;  4  N.  Y.  425 ;  4  Wheat.  428; 
52  Cal.  598;  52  Wise.  37;  13  Fed.  Rept.  785;  note  52  Pa.  St.  474;  11  Allen 
268;  37  N.  Y.  Super,  ct.  560;  4  Ohio  107;  5  Howard  625;  12  Well.  428; 
32  Louisiana  239 ;  4  Neb.  537.  Legislature  may  tax  to  the  point  of  practi- 
cal confiscation,  distinction,  52  Wise.  51 ;  4  Wheaton  429.  See  also 
Intoxicating  Liquors,  High  License,  etc.  The  legislature  may  tax  the  sale 
of  certain  commodities  to  the  point  of  confiscation.  Its  discretion  is  the 
only  limit  to  its  power.  See  Duty  on  Taxation  91.  Its  responsibility  to 
the  people  is  the  only  check  upon  an  abuse  of  this  power  8  How.  82 ;  4 
Wheat.  434;  10  Phila.  512;  21  Pa.  St.  147;  37  N.  Y.  560;  4  Pet.  514;  13 
Fed.  Rep.  726;  12  Nev.  275.  See  Don  Passos  on  Taxation  of  estates 
of  deceased  persons,  collateral  inheritance  tax,  income  tax,  tax  on  trades 
and  callings. 

DECLARATION  OF  RIGHTS. 

Section  23.  No  title  of  nobility  or  hereditary  distinction,  privilege, 
honor  or  emolument,  shall  ever  be  granted  or  confirmed,  nor  shall  any 
office  be  created,  the  appointment  to  which  shall  be  for  a  longer  time  than 
during  good  behavior. 

Titles  of  nobility  prohibited.     Tenure  of  ofiice. 

See  Art  i.  Section  9.       Constitution  of  United  States. 

The  Governor  of  our  state  is  called  by  courtesy  and  custom  "Your  Ex- 
cellency" during  his  term  of  office.  After  vacating  the  office  he  is  usual- 
ly addressed  by  courtesy  as  "Governor." 

.  Honorable,  a  title  of  distinction  or  respect,  in  the  United  States.  It  is 
usually  given  to  persons  who  hold  or  have  held  positions  of  importance 
under  the  state  or  national  government. 

Bouvier's  Diet.  960. 

In  this  state  by  custom  and  courtesy  this  title  is  now  used  without  much 
discrimination.  It  may  be  properly  used  in  strict  accordance  with  cus- 
tom in  the  following  instances  : 

The  title  6i  "Honorable"  applies  to  Heads  of  Departments,  Members  of 
the  Executive  Council,  Ma3for3  of  Cities,  the  President  of  the  Senate, 
Senators  and  the  Speaker  of  the  House  of  Representatives.  Members  of 
the  House  of  Representatives  are  known  as  "Esquires."  Judges  of  all 
Maine  Courts  while  in  office  have  the  right  to  be  addressed  as  "Your 
Honors"  until  they  vacate  their  offices  and  are  then  known  as  "Esquires." 
All  other  titles  are  received  by  commission,  except  the  Attorney  General, 
the  law  official  of  the  State. 


40 


TH^    CONSTITUTION    OF   TIIE)    STATE   OF    MAINF. 


DECLARATION  OF  RIGHTS. 

Section  24,  The  enumeration  of  certain  rights  shall  not  impair  nor 
deny  others  retained  by  the  people. 

Other  rights  not  impaired.  Individual  Rights  48;  Justice  of  the  Peace 
657;  10  Legal  Advertiser  443;  32  Journal  Jurisprudence  626;  National  and 
PoHtical  Rights  distinguished  27;  19th  Century  173.  Perfection  of 
Rights.  Georgia  Bar  Association  1891,  p.  60;  Private  Rights  Town. 
Bar  Assoc.  1893,  p.  210;  3  Mich.  Law  Jour.  215;  55  New  Eng.  97;  10  R.  R. 
&  Corp.  Law  Jour.  281;  34  Am.  Law  Register  134;  7  Howard  Law  Rev. 
492;  163  N.  Am.  Rev.  64;  9  Howard  Law  Rev.  354.  Who  are  the  People, 
26  Chicago  Legal  News  79;  i  Am.  Mag.  of  Civics  288.  The  powers  not 
granted  to  the  United  States  by  the  constitution  nor  prohibited  by  it  to  the 
states  are  reserved  to  the  states  respectively  or  to  the  people.  See  Amd. 
Const,  of  United  States,  Article  10. 

The  powers  retained  and  reserved  to  the  people  of  this  State  under  this 
article  are  such  as  are  forbidden  by  our  constitution  and  cannot  be  ex- 
ercised by  the  legislative,  judicial  or  executive  departments,  until  dele- 
gated to  them  by  the  people  through  a  constitutional  amendment  enlarg- 
ing that  instrument. 

94  U.  S.  113;  I  Wheaton  304.  Not  necessary  to  define  powers  re- 
tained by  the  people;  4  Wheaton  122;  7  Peters.  243;  123  U.  S.  166;  5  How- 
ard 410;  18  How.  71;  9  Wall  579;  6  Wall  611;  7  Wall  71;  8  Wall  430; 
20  Wall  46;  122  U.  S.  347;  Local  Improvements  iii  U.  S.  701;  Pro- 
tection Life  and  Health  97  U.  S.  25;  Power  of  legislature  3  Dallas  386; 
State  cannot  establish  military  government  7  Howard  i.  Powers  of  the 
state  depends  upon  its  constitution  and  the  people  of  the  State  have  re- 
served to  themselves  the  right  to  restrict,  modify  or  enlarge  the  scope  of 
this  instrument  Martin  vs.  Hunter;  i  Wheaton  (U.  S.)  304-325. 

ARTICLE  II. 


Qualifications 
of   electors. 
(See  Amend- 
ment, xxix.) 

—written 

ballot. 

7  Me.,   492,   497. 

— soldiers  or 
seamen    In    U. 
S.    service. 

—students   at 
colleges  and 
academies. 

(Resolve  of 
Mar.   24,   1864; 
Amendment 

X.) 


Electors  ex- 
empt from 
arrest  on 
election  days. 
s  Me.,  187. 
When  exempt 
from  military 
duty. 

Time  of  state 
election. 
(See  Amend- 
ment xxlll.) 


Sec. 


Electors. 
I.     Every  male  citizen  of  the  United  States  of  the  age  of  twenty- 


one  years  and  upwards,  excepting  paupers,  persons  under  guardianship, 
and  Indians  not  taxed,  having  his  residence  established  in  this  State  for 
the  term  of  three  months  next  preceding  any  election,  shall  be  an  elector 
for  Governor,  Senators  and  Representatives,  in  the  town  or  plantation 
where  his  residence  is  so  established;  and  the  elections  shall  be  by  writ- 
ten ballot.  But  persons  in  the  military,  naval  or  marine  service  of  the 
United  States,  or  this  State,  shall  not  be  considered  as  having  obtained 
such  established  residence  by  being  stationed  in  any  garrison,  barrack, 
or  military  place,  in  any  town  or  plantation;  nor  shall  the  residence  of 
a  student  at  any  seminary  of  learning  entitle  him  to  the  right  of  suffrage 
in  the  town  or  plantation  where  such  seminary  is  established.  No  per- 
son, however,  shall  be  deemed  to  have  lost  his  residence  by  reason  of  his 
absence  from  the  State  in  the  military  service  of  the  United  States,  or  of 
this  State,     (d) 

Sec.  2.  Electors  shall,  in  all  cases,  except  treason,  felony  or  breach 
of  the  peace,  be  privileged  from  arrest  on  the  days  of  election,  during  their 
attendance  at,  going  to,  and  returning  therefrom. 

Sec.  3.  No  elector  shall  be  obliged  to  do  duty  in  the  militia  on  any 
day  of  election,  except  in  time  of  war  or  public  danger. 

Sec.  4.  The  election  of  Governor,  Senators  and  Representatives  shall 
be  on  the  second  Monday  of  September  annually  forever.  But  citizens 
of  the  State  absent  therefrom  in  the  military  service  of  the  United  States 
or  of  this  State,  and  not  in  the  regular  army  of  the  United  States,  being 

(d)  7  Me.,  497;  44  Me.,  507;  54  Me.,  602,  605;  68  Me.,  592,  593;  7^  Me., 
i6s. 


the;  constitution  of  the  state;  of  maine. 


41 


otherwise  qualified  electors,  shall  be  allowed  to  vote  on  Tuesday  next  after 
the  first  Monday  of  November,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-four,  for  governor  and  senators,  and  their  votes  shall 
be  counted  and  allowed  in  the  same  manner,  and  with  the  same  effect,  as 
if  given  on  the  second  Monday  of  September  in  that  year.  And  they  shall 
be  allowed  to  vote  for  governor,  senators  and  representatives  on  the  second 
Monday  of  September  annually  thereafter  forever,  in  the  manner  herein 
provided.  On  the  day  of  election  a  poll  shall  be  opened  at  every  place 
without  this  State  where  a  regiment,  battalion,  battery,  company,  or 
■detachment  of  not  less  than  twenty  soldiers  from  the  State  of  Maine,  may 
be  found  or  stationed,  and  every  citizen  of  said  State  of  the  age  of  twenty- 
one  years,  in  such  military  service,  shall  be  entitled  to  vote  as  aforesaid; 
and  he  shall  be  considered  as  voting  in  the  city,  town,  plantation  and 
county  in  this  State  where  he  resided  when  he  entered  the  service.  The 
vote  shall  be  taken  by  regiments  when  it  can  conveniently  be  done;  when 
not  so  convenient,  any  detachment  or  part  of  a  regiment,  not  less  than 
twenty  in  number,  and  any  battery  or  part  thereof  numbering  twenty  or 
more,  shall  be  entitled  to  vote  wherever  they  may  be.  The  three  ranking 
officers  of  such  regiment,  battalion,  battery,  company,  or  part  of  either, 
as  the  case  may  be,  acting  as  such  on  the  day  of  election,  shall  be  super- 
visors of  elections.  If  no  officers,  then  three  non-commissioned  officers 
according  to  their  seniority  shall  be  such  supervisors.  If  any  officer  or 
non-commissioned  officer  shall  neglect  or  refuse  to  act,  the  next  in  rank 
shall  take  his  place.  In  case  there  are  no  officers  or  non-commissioned 
officers  present,  or  if  they  or  either  of  them  refuse  to  act,  the  electors 
present,  not  less  than  twenty,  may  choose,  by  written  ballot  enough  of 
their  own  number,  not  exceeding  three,  to  fill  the  vacancies,  and  the 
persons  so  chosen  shall  be  supervisors  of  elections.  All  supervisors 
shall  be  first  sworn  to  support  the  constitution  of  the  United  States  and 
of  this  State,  and  faithfully  and  impartially  to  perform  the  duties  of 
supervisors  of  elections.  Each  is  authorized  to  administer  the  necessary 
oath  to  the  others;  and  certificates  thereof  shall  be  annexed  to  the  lists 
of  votes  by  them  to  be  made  and  returned  into  the  office  of  the  secre- 
tary of  State  of  this  State  as  hereinafter  provided.  The  polls  shall  be 
opened  and  closed  at  such  hours  as  the  supervisors,  or  a  majority  of  them, 
shall  direct;  provided  however,  that  due  notice  and  sufficient  time  shall 
be  given  for  all  voters  in  the  regiment,  battalion,  battery,  detachment, 
company,  or  part  of  either,  as  the  case  may  be,  to  vote.  Regimental  and 
field  officers  shall  be  entitled  to  vote  with  their  respective  commands. 
When  not  in  actual  command,  such  officers,  and  also  all  general  and  staff 
officers,  and  all  surgeons,  assistant  surgeons,  and  chaplains,  shall  be 
entitled  to  vote  at  any  place  where  polls  are  opened.  The  supervisors 
of  elections  shall  prepare  a  ballot  box  or  other  suitable  receptacle  for 
the  ballots.  Upon  one  side  of  every  ballot  shall  be  printed  or  written 
the  name  of  the  county,  and  also  of  the  city,  town*  or  plantation  of  this 
State,  in  which  is  the  residence  of  the  person  proposing  to  vote.  Upon 
the  other  side  shall  be  the  name  or  names  of  the  persons  to  be  voted  for, 
and  the  office  or  offices  which  he  or  they  are  intended  to  fill.  And  before 
receiving  any  vote,  the  supervisors,  or  a  majority  of  them,  must  be  satis- 
fied of  the  age  and  citizenship  of  the  person  claiming  to  vote,  and  that 
he  has  in  fact  a  residence  in  the  county,  city,  town  or  plantation  which 
is  printed  or  written  on  the  vote  offered  by  him.  If  his  right  to  vote  is 
challenged,  they  may  require  him  to  make  true  answers,  upon  oath,  to 
all  interrogatories  touching  his  age,  citizenship,  residence,  and  right  to 
vote,  and  shall  hear  any  other  evidence  offered  by  him,  or  by  those  who 
challenge  his  right.  They  shall  keep  correct  poll-lists  of  the  names  of 
all  persons  allowed  to  vote,  and  of  their  respective  places  of  residence  in 
this  State,  and  also  the  number  of  the  regiment  and  company  or  battery 
to   which   they   belong;  which    lists  shall   be  certified   by  them,  or   by  a 


— soldiers 
allowed  to  vote 
for  governor, 
&c. 

(Resolve  of 
Mar.  24,  1864; 
Amendment 

X.) 

(See  Amend- 
ment xxiil.) 

—polls,   where 
opened. 


— vote,  how 
taken. 


—who  shall  act 
as   supervisors. 


— supervisors 
shall  be  sworn- 

— their  duties. 


— proviso. 

— certain  offi- 
cers, where 
they  may  vote. 


— supervisors 
shall  prepare 
ballot  boxes. 

—ballots, 
how  to  be 
prepared. 

—qualifications 
of  voters. 


— supervisors 
shall  keep 
correct  poll 
lists. 


42 


THE    CONSTITUTION    OF   THE    STATE    OF    MAINE. 


—shall  check 
names  of 
voters. 

— sort,  count 
and  declare 
votes. 


—make  return 
to  the  office  of 
secretary  of 
state. 

(See  Amend- 
ment, xxiii.) 


majority  of  them,  to  be  correct,  and  that  such  residence  is  in  accordance 
with  the  indorsement  of  the  residence  of  each  voter  on  his  vote.  They 
shall  check  the  name  of  every  person  before  he  is  allowed  to  vote,  and 
the  check-mark  shall  be  plainly  made  against  his  name  on  the  poll-lists. 
They  shall  sort,  count  and  publicly  declare  the  votes  at  the  head  of  their 
respective  commands  on  the  day  of  election,  unless  prevented  by  the  public 
enemy,  and  in  that  case  as  soon  thereafter  as  may  be;  and  on  the  same 
day  of  said  declaration  they  shall  form  a  Hst  of  the  persons  voted  for,  with 
the  number  of  votes  for  each  person  against  his  name,  and  the  office  which 
he  was  intended  to  fill,  and  shall  sign  and  seal  up  such  list  and  cause  the 
same,  together  with  the  poll-lists  aforesaid,  to  be  delivered  into  the  office 
of  the  secretary  of  State  aforesaid,  on  or  before  the  first  day  of  December, 
in  the  year  one  thousand  eight  hundred  and  sixty-four,  and  on  or  before 
the  fifteenth  day  of  November  annually  thereafter  forever.  The  legisla- 
ture of  this  State  may  pass  any  law  additional  to  the  foregoing  provisions, 
if  any  shall,  in  practice,  be  found  necessary  in  order  more  fully  to  carry 
into  effect  the  purpose  thereof. 


ARTICLE  III. 


Powers  dis- 
tributed. 

To  be  kept 
separate. 
(See  Art.  9, 
§  2.) 


Distribution  of  Powers. 

Sec.  I.  The  powers  of  this  government  shall  be  divided  into  three 
distinct  departments,  the  Legislative,  Executive  and  Judicial,  (a) 

Sec.  2.  No  person  or  persons,  belonging  to  one  of  these  departments, 
shall  exercise  any  of  the  powers  properly  belonging  to  either  of  the  others, 
except  in  the  cases  herein  expressly  directed  or  permitted.    (&) 


ARTICLE  IV.— Part  First. 


LiSglslatlve 
department. 

— stj'le  of  acts. 


Number  of 
representatives 
fixed. 

(See  Amend- 
ments  xxiil, 

XXV.) 


(Resolve  of 

Apr.  16,  1841: 

Amendment 

Iv.) 

3  Me.,  477. 

33  Me.,  587. 


Apportionment 
among  towns. 
6  Me.,  486. 


Legislative  Power — House  of  Representatives. 

Sec.  I.  The  legislative  power  shall  be  vested  in  two  distinct  branches, 
a  House  of  Representatives,  and  a  Senate,  each  to  have  a  negative  on 
the  other,  and  both  to  be  styled  the  Legislature  of  Maine  and  the  style 
of  their  acts  and  laws,  shall  be,  "Be  it  enacted  by  the  Senate  and 
House  of  Representatives  in  Legislature  assembled." 

Sec.  2.  The  House  of  Representatives  shall  consist  of  one  hundred 
and  fifty-one  members,  to  be  elected  by  the  qualified  electors,  for  one  year 
from  the  day  next  preceding  the  annual  meeting  of  the  Legislature.  The 
Legislature,  which  shall  first  he  convened  under  this  Constitution,  shall, 
on  or  before  the  fifteenth  day  of  August,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  twenty-one,  and  the  Legislature,  within  every 
subsequent  period  of  at  most  ten  years,  and  at  least  five,  cause  the  number 
of  the  inhabitants  of  the  State  to  be  ascertained,  exclusive  of  foreigners 
not  naturalized  and  Indians  not  taxed.  The  number  oi  representatives 
shall,  at  the  several  periods  of  making  such  enumeration,  be  fixed  and 
apportioned  among  the  several  counties  as  near  as  may  be,  according  to 
the  number  of  inhabitants,  having  regard  to  the  relative  increase  of  popu- 
lation. The  number  of  representatives  shall,  on  said  first  apportionment, 
be  not  less  than  one  hundred  nor  more  than  one  hundred  and  fifty. 

Sec.  3.  Each  town  having  fifteen  hundred  inhabitants  may  elect  one 
representative;  each  town  having  three  thousand  seven  hundred  and 
fifty  may  elect  two;  each  town  having  six  thousand  seven  hundred  and 
fifty  may  elect  three;  each  town  having  ten  thousand  five  hundred  may 
elect  four;  each  town  having  fifteen  thousand  may  elect  five;  each  town 

(a)  3  Me.,  320 ;    4  Me.,  140;    62  Me.,  597;    70  Me.,  609. 
(ft)  3  Me.,  372,  484;    7  Me.,  14;    32  Me.,  525;    64  Me.,  195;    70  Me.,  609, 
610;    86  Me.,  530;    95  Me.,  573. 


the;    constitution    OF'   THE    STATE    OF    MAINE. 


43 


having  twenty  thousand  two  hundred  and  fifty  may  elect  six;  each  town 
having  twenty-six  thousand  two  hundred  and  fifty  may  elect  seven;  but 
no  town  shall  ever  be  entitled  to  more  than  seven  representatives;  and 
towns  and  plantations  duly  organized,  not  having  fifteen  hundred  inhabi- 
tants, shall  be  classed,  as  conveniently  as  may  be,  into  districts  contain- 
ing that  number,  and  so  as  not  to  divide  towns;  and  each  such  district 
may  elect  one  representative ;  and,  when  on  this  apportionment  the 
number  of  representatives  shall  be  two  hundred,  a  different  apportion- 
ment shall  take  place  upon  the  above  principle;  and,  in  case  the  fifteen 
hundred  shall  be  too  large  or  too  small  to  apportion  all  the  representa- 
tives to  any  county,  it  shall  be  so  increased  or  diminished  as  to  give  the 
number  of  representatives  according  to  the  above  rule  and  proportion; 
and  whenever  any  town  or  towns,  plantation  or  plantations  not  entitled 
to  elect  a  representative  shall  determine  against  a  classification  with  any 
other  town  or  plantation,  the  Legislature  may,  at  each  apportionment  of 
representatives,  on  the  application  of  such  town  or  plantation,  authorize 
it  to  elect  a  representative  for  such  portion  of  time  and  such  periods,  as 
shall  be  equal  to  its  portion  of  representation;  and  the  right  of  repre- 
sentation, so  established,  shall  not  be  altered  until  the  next  general 
apportionment. 

Sec.  4.  No  person  shall  be  a  member  of  the  House  of  Representatives, 
unless  he  shall,  at  the  commencement  of  the  period  for  which  he  is  elected, 
have  been  five  years  a  citizen  of  the  United  States,  have  arrived  at  the 
age  of  twenty-one  years,  have  been  a  resident  in  this  State  one  year,  or 
from  the  adoption  of  this  constitution;  and  for  the  three  months  next  pre- 
ceding the  time  of  his  election  shall  have  been,  and,  during  the  period  for 
which  he  is  elected,  shall  continue  to  be  a  resident  in  the  town  or  district 
which  he  represents. 

vSec.  5.  The  meetings  within  this  State  for  the  choice  of  represen- 
tatives shall  be  warned  in  due  course  of  law  by  the  selectmen  of  the 
several  towns  seven  days  at  least  before  the  election,  and  the  selectmen 
thereof  shall  preside  impartially  at  such  meetings,  receive  the  votes  of 
all  the  qualified  electors  present,  sort,  count  and  declare  them  in  open 
town  meeting,  and  in  the  presence  of  the  town  clerk,  who  shall  form  a 
list  of  the  persons  voted  for,  with  the  number  of  votes  for  each  person 
against  his  name,  shall  make  a  fair  record  thereof  in  the  presence  of  the 
selectmen  and  in  ©pen  town  meeting.  And  the  towns  and  plantations 
organized  by  law,  belonging  to  any  class  herein  provided,  shall  hold  their 
meetings  at  the  same  time  in  the  respective  towns  and  plantations;  and 
the  town  and  plantation  meetings  in  such  towns  and  plantations  shall  be 
notified,  held  and  regulated,  the  votes  received,  sorted,  counted  and 
declared  in  the  same  manner.  And  the  assessors  and  clerks  of  planta- 
tions shall  have  all  the  powers,  and  be  subject  to  all  the  duties,  which 
selectmen  and  town  clerks  have,  and  are  subject  to  by  this  Constitution, 
And  fair  copies  of  the  lists  of  votes  shall  be  attested  by  the  selectmen 
and  town  clerks  of  towns,  and  the  assessors  of  plantations,  and  sealed 
up  in  open  town  and  plantation  meetings;  and  the  town  and  plantation 
clerks  respectively  shall  cause  the  same  to  be  delivered  into  the  secre- 
tary's office  thirty  days  at  least  before  the  first  Wednesday  of  January 
annually.  And  the  governor  and  council  shall  examine  the  returned 
copies  of  such  lists,  and  also  all  lists  of  votes  of  citizens  in  the  military 
service,  returned  to  the  secretary's  office,  as  provided  in  article  second, 
section  four,  of  this  constitution;  and  twenty  days  before  the  said  first 
Wednesday  of  January,  annually,  shall  issue  a  summons  to  such  persons 
as  shall  appear  to  be  elected  (o)  by  a  plurality  of  all  the  votes  returned, 
to  attend  and  take  their  seats.  But  all  such  lists  shall  be  laid  before 
the   house  of    representatives  on  the  first   Wednesday  of   January  annu- 


(Resolve  of 
Apr.  16,  1841: 
Amendment 
Iv.) 


QuaJlficatlons 
of   a   represen- 
tative. 
(Resolve  of 
Mar.   24,  1864: 
Amendment 

X.) 


Meetings  for 
choice  of 
representa- 
tives. 

(Resolve  of 
Mar.  24, 1864: 
Amend- 
ment  X.) 
7  Me.,  497. 
25  Me.,  567. 
64  Me.,  592. 
70  Me.,  561,  568. 

—meetings  of 
classed   towns. 
(Resolve  of 
Mar  .24,  1864: 
Amendment 

X.) 

(Resolve  of 
Mar.  24,  1864: 
Amendment 

X.) 


70  Me.,   564,   565. 
(See  Amend- 
ments xxill, 

XXV.) 

—lists  of 
votes  shall  be 
examined   by 
governor  and 
council. 

— governor 
and  council 
shall  summon 
persons  who 
appear  to  bo 
elected. 


(a)  70  Me.,  561,  567,  568,  583,  585,  587,  594,  609,  610. 


44 


THE    CONSTITUTION    OF   THE    STATE    OF    MAINE, 


(Rpsolve  of 
Aug.  2,  1847: 
Amendment 
vil.) 

—lists  shall 
be  laid  before 
the  house  of 
representa- 
tives. 
64  Me.,  589. 


— manner  of 
electing  rep- 
resentatives 
and  other 
civil  officers 
In  cities. 

fResolve  of 
Mar.  7,  1834: 
Amendment   i, 
amended  by 
Resolve  of 
Mar.  24.  1864: 
Amendment 

X.) 


70  Me.,  563. 


Vacancies. 
35  Me.,  563. 
;0  Me.,  597. 
House  to 
choose  its  own 
officers. 
Power  of  im- 
peachment. 


ally,  and  they  shall  finally  determine  who  are  elected.  The  electors 
resident  in  any  city  may,  at  any  meeting  duly  notified  for  the  choice  of 
representatives,  vote  for  such  representatives  in  their  respective  ward 
meetings,  and  the  wardens  in  said  wards  shall  preside  impartially  at  such 
meetings,  receive  the  votes  of  all  qualified  electors  present,  sort,  count 
and  declare  them  in  open  ward  meetings,  and  in  the  presence  of  the 
ward  clerk,  who  shall  form  a  list  of  the  persons  voted  for,  with  the 
number  of  votes  for  each  person  against  his  name,  shall  make  a  fair 
record  thereof  in  the  presence  of  the  warden,  and  in  open  ward  meet- 
ings; and  a  fair  copy  of  this  list  shall  be  attested  by  the  warden  and 
ward  clerk,  sealed  up  in  open  ward  meeting,  and  delivered  to  the  city 
clerk  within  twenty-four  hours  after  the  close  of  the  polls.  And  the 
electors  resident  in  any  city  may  at  any  meetings  duly  notified  and 
holden  for  the  choice  of  any  other  civil  officers  for  whom  they  have  been 
required  heretofore  to  vote  in  town  meeting,  vote  for  such  officers  in  their 
respective  wards,  and  the  same  proceedings  shall  be  had  by  the  warden 
and  ward  clerk  in  each  ward,  as  in  the  case  of  votes  for  representatives. 
And  the  aldermen  of  any  city  shall  be  in  session  within  twenty- four  hours 
after  the  close  of  the  polls  in  such  meetings,  and  in  the  presence  of  the 
city  clerk  shall  open,  examine  and  compare  the  copies  from  the  lists  of 
votes  given  in  the  several  wards,  of  which  the  city  clerk  shall  make  a 
record,  and  return  thereof  shall  be  made  into  the  Secretary  of  State's 
office  in  the  same  manner  as  selectmen  of  towns  are  required  to  do. 

Sec.  6.  Whenever  the  seat  of  a  member  shall  be  vacated  by  death, 
resignation,  or  otherwise,  the  vacancy  may  be  filled  by  a  new  election. 

Sec.  7.  The  House  of  Representatives  shall  choose  their  speaker,  clerk 
and  other  officers,     (a) 

Sec.  8.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachment. 


ARTICLE  IV.— Part  Second. 


Number   of 
senators 
fixed. 

(See  Amend- 
ments xxlil, 

XXV.) 

State   to   be 
districted 
onoe  in  ten 
years. 


— districts, 
how  formed. 
18  Me.,  458. 


Meetings  for 
choloe  of 
senators. 
(Resolve   of 
Mar.  24,  1864: 
Amendment 

X.) 

25  Me.,  568. 

64  Me.,   592,  595, 

598. 


Senate. 

Sec.  I.  The  Senate  shall  consist  of  not  less  than  twenty,  nor  more 
than  thirty-one  members,  elected  at  the  same  time,  and  for  the  same  term, 
as  the  representatives,  by  the  qualified  electors  of  the  districts  into  which 
the  State  shall  from  time  to  time  be  divided,     (b) 

Sec.  2.  The  Legislature,  which  shall  be  first  convened  under  this 
Constitution,  shall,  on  or  before  the  fifteenth  day  of  August  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  ticenty-one,  and  the  Leg- 
islature at  every  subsequent  period  of  ten  years,  cause  the  State  to  be 
divided  into  districts  for  the  choice  of  senators.  The  districts  shall  con- 
form, as  near  as  may  be,  to  county  lines,  and  be  apportioned  according 
to  the  number  of  inhabitants.  The  number  of  senators  shall  not  exceed 
twenty  at  the  first  apportionment,  and  shall  at  each  apportionment  be 
increased,  until  they  shall  amount  to  thirty-one,  according  to  the  increase 
in  the  House  of  Representatives. 

Sec.  3.  The  meetings  within  this  state  for  the  elecMon  of  senators 
shall  be  notified,  held  and  regulated,  and  the  votes  received,  sorted, 
counted,  declared  and  recorded,  in  the  same  manner  as  those  for  repre- 
sentatives. And  fair  copies  of  the  list  of  votes  shall  be  attested  by  the 
selectmen  and  town  clerks  of  towns,  and  the  assessors  and  clerks  of 
plantations,  and  sealed  up  in  open  town  and  plantation  meetings;  and 
the  t6wn  and  plantation  clerks  respectively  shall  cause  the  same  to  be 
delivered  into  the  secretary's  office  thirty  days  at  least  before  the  first 
Wednesday  of   January.     All    other  qualified    electors,  living   in   places 


(a)  70  Me.,  588,  594,  595,  596,  597,  609,  610. 
(&)  7  Me.,  489. 


THE    CONSTITUTION    OP   TllE    STATE    OF    MAINE. 


45 


unincorporated,  who  shall  be  assessed  to  the  support  of  the  government 
by  the  assessors  of  an  adjacent  town,  shall  have  the  privilege  of  voting 
for  senators,  representatives  and  governor  in  such  town;  and  shall  be 
notified  by  the  selectmen  thereof  for  that  purpose  accordingly. 

Sec.  4.  The  Governor  and  Council  shall,  as  soon  as  may  be,  examine 
the  returned  copies  of  such  lists,  and  also  the  lists  of  votes  of  citizens  in 
the  military  service,  returned  into  the  secretary's  office,  and  twenty  days 
before  the  said  first  Wednesday  of  January,  issue  a  summons  to  such 
persons,  as  shall  appear  to  be  elected  by  a  plurality  of  the  votes  for  each 
district,  to  attend  that  day  and  take  their  seats,     (a) 

Sec.  5.  The  Senate  shall,  on  the  said  first  Wednesday  of  January, 
annually,  determine  who  are  elected  by  a  plurality  of  votes  to  be  sena- 
tors in  each  district;  and  in  case  the  full  number  of  senators  to  be  elected 
from  each  district  shall  not  have  been  so  elected,  the  members  of  the 
house  of  representatives  and  such  senators,  as  shall  have  been  elected, 
shall,  from  the  highest  numbers  of  the  persons  voted  for,  on  said  lists, 
equal  to  twice  the  number  of  senators  deficient,  in  every  district,  if  there 
be  so  many  voted  for,  elect  by  joint  ballot  the  number  of  senators  required ; 
and  in  this  manner  all  vacancies  in  the  senate  shall  be  supplied  as  soon  as 
may  be,  after -such  vacancies  happen,     (b) 

Sec.  6.  The  senators  shall  be  twenty-five  years  of  age  at  the  com- 
mencement of  the  term,  for  which  they  are  elected,  and  in  all  other 
respects  their  qualifications  shall  be  the  same,  as  those  of  the  representa- 
tives. 

Sec.  7.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments, 
and  when  sitting  for  that  purpose  shall  be  on  oath  or  affirmation,  and  no 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
members  present.  Their  judgment,  however,  shall  not  extend  farther 
than  to  removal  from  office,  and  disqualification  to  hold  or  enjoy  any  office 
of  honor,  trust  or  profit  under  this  State.  But  the  party,  whether  con- 
victed or  acquitted,  shall  nevertheless  be  liable  to  indictment,  trial,  judg- 
ment and  punishment  according  to  law. 

Sec.  8.  The  Senate  shall  choose  their  president,  secretary  and  other 
officers. 

ARTICLE   IV.— Part  Third. 


—electors  in 

unincorporated 

places. 


Votes  to  be 
examined  by 
the  governor 
and   council. 
164  Me.,  588. 
(Amendment 
X,   Amended 
by  Resolve  of 
Feb.  24,  1875: 
Amendment 
xiii.) 

Senate  to  de- 
cide election  of 
itis  members. 
(See  Amend- 
ments xxiii, 

XXV.) 

(Resolve  of 
Feb.  24,  1875: 
Amendment 
xiii.) 

(See  Amend- 
ment XXX.) 


Qualifications 
oi'  senators. 


Senate  shall 
try  impeach- 
ment. 

—limitation 
of  judgment. 

— I)arty  is 
liable  to  be 
itried  and 
punished  In 
court. 
Senate  to 
choose   its 
ofHceris. 

?0  Me.,   588,   593, 
596,  597,  609,  610. 


,    Legislative  Power. 

Sec.  I.  The  Legislature  shall  convene  on  the  first  Wednesday  of 
January,  annually,  and  shall  have  full  power  to  make  and  establish  all 
reasonable  laws  and  regulations  for  the  defense  and  benefit  of  the  people 
of  this  State,  not  repugnant  to  this  Constitution,  nor  to  that  of  the  United 
States,     (c) 

Sec.  2.  Every  bill  or  resolution  having  the  force  of  law,  to  which 
the  concurrence  of  both  houses  may  be  necessary,  Except  on  a  question 
of  adjournment,  which  shall  have  passed  both  houses,  shall  be  presented 
to  the  Governor,  and  if  he  approve,  he  shall  sign  it;  if  not,  he  shall  return 
it  with  his  objections  to  the  house,  in  which  it  shall  have  originated, 
which  shall  enter  the  objections  at  large  on  its  journals,  and  proceed  to 
reconsider  it.     If  after  such  reconsideration,  two-thirds  of  that  house  shall 


Legislature  to 
meet  annually. 

— Its  powers. 
(See  Amend- 
ments xxlii, 

XXV.) 

Bills  to  be 
signed  by  the 
governor.    . 


(a)  70  Me.,  567-9,  583,  58s,  609-10. 

(b)  6  Me.,  514;  7  Me.,  489;  35  Me.,  563;  64  Me.,  596;  70  Me.,  589. 

(c)  3  Me.,  326;  4  Me.,  140;  6  Me.,  412;  7  Me.,  273;  9  Me.,  54;  11  Me.. 
208;  12  Me.,  354;  16  Me.,  479;  31  Me.,  172,  360;  32  Me.,  343,  526;  33  Me.. 
558,  587;  35  Me.,  319;  37  Me.,  156;  39  Me.,  258;  42  Me.,  150,  299,  429;  43 
Me.,  202;  45  Me.,  507;  49  Me.,  346,  507;  55  Me.,  190,  200;  58  Me.,  594,  601 ; 
59  Me.,  85,  318,  549,  553;  60  Me.,  122;  68  Me.,  582;  74  Me.,  137-140;  95 
Me.,  98,  575. 


46 


THE    CONSTITUTION    OF*   THE    STATE    OE    MAINE. 


—proceedings, 
in  case  he  dis- 
approves. 


—bills  shall 
be  returned  by 
him  within 
five  days. 


Each  house  to 
iudge  of  its 
elections. 

—majority,   a 
quorum. 

May  punish 
and  expel 
members. 

Shall  keep  a 
Journal. 
1880,  c.  185. 

-—yeas  and 
nays. 


May  punlsn 
for  contempt. 


-proviso. 


Compensation 
of  m'embers. 


—traveling 
expenses. 
69  Me.,  596. 


Members  are 

exempt  from 

arrest. 

16  Me.,  132. 

— freedom  of 
debate. 


Either  house 
may  originate 
bills. 

—revenue  billa. 

— proviso. 


Members  not 
to  be  ap- 
pointed to 
certain  offices. 
3  Me.,  481. 
32  Me.,  526. 
95  Me.,  588. 
(Proviso.) 
(Obsolete.) 


agree  to  pass  it,  it  shalLbe  sent  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  be  reconsidered,  and,  if  approved  by  two-thirds 
of  that  house,  it  shall  have  the  same  effect,  as  if  it  had  been  signed  by 
the  Governor;  but  in  all  such  cases,  the  votes  of  both  houses  shall  be 
taken  by  yeas  and  nays,  and  the  names  of  the  persons,  voting  for  and 
against  the  bill  or  resolution,  shall  be  entered  on  the  journals  of  both 
houses  respectively.  If  the  bill  or  resolution  shall  not  be  returned  by  the 
Governor  within  five  days,  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  it  shall  have  the  same  force  and  effect,  as  if  he  had 
signed  it,  unless  the  Legislature,  by  their  adjournment  prevent  its  return, 
in  which  case  it  shall  have  such  force  and  effect,  unless  returned  within 
three  days  after  their  next  meeting. 

Sec.  3.  Each  house  shall  be  the  judge  of  the  elections  and  qualifica- 
tions of  its  own  members,  and  a  majority  shall  constitute  a  quorum  to  do 
business;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members,  in  such  manner,  and  under 
such  penalties  as  each  house  shall  provide,     (a) 

Sec.  4.  Each  house  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behavior,  and,  with  the  concurrence  of  two- 
thirds,  expel  a  member,  but  not  a  second  time  for  the  same  cause. 

Sec.  5.  Each  house  shall  keep  a  journal,  and  from  time  to  time  pub- 
lish its  proceedings,  except  such  parts  as  in  their  judgment  may  require 
secrecy;  and  the  yeas  and  nays  of  the  members  of  either  house  on  any 
question,  shall,  at  the  desire  of  one-fifth  of  those  present,  be  entered  on  the 
journals. 

Sec.  6.  Each  house,  during  its  session,  may  punish  by  imprisonment 
any  person,  not  a  member,  for  disrespectful  or  disorderly  behavior  in  its 
presence,  for  obstructing  any  of  its  proceedings,  threatening,  assaulting 
or  abusing  any  of  its  members  for  anything  said,  done,  or  doing  in  either 
house;  provided,  that  no  imprisonment  shall  extend  beyond  the  period  of 
the  same  session. 

Sec.  7.  The  senators  and  representatives  shall  receive  such  compen- 
sation, as  shall  be  established  by  law;  but  no  law  increasing  their  com- 
pensation shall  take  effect  during  the  existence  of  the  Legislature  which 
enacted  it.  The  expenses  of  the  House  of  Representatives  in  traveling 
to  the  Legislature  and  returning  therefrom,  once  in  each  session  and  no 
more,  shall  be  paid  by  the  State  out  of  the  public  treasury  to  every  member, 
who  shall  seasonably  attend,  in  the  judgment  of  the  house,  and  does  not 
depart  therefrom  without  leave. 

Sec.  8.  The  senators  and  representatives  shall,  in  all  cases  except 
treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at,  going  to,  and  returning  from  each  session  of  the 
Legislature;  and  no  member  shall  be  liable  to  answer  for  anything  spoken 
in  debate  in  either  house,  in  any  court  or  place  elsewhere. 

Sec.  9.  Bills,  orders  or  resolutions,  may  originate  in  either  house,  and 
may  be  altered,  amended  or  rejected  in  the  other;  but  all  bills  for  raising 
a  revenue  shall  originate  in  the  House  of  Representatives,  but  the  Senate 
may  propose  amendments  as  in  other  cases ;  provided,  that  they  shall  not, 
under  color  of  amendment,  introduce  any  new  matter,  which  does  not 
relate  to  raising  a  revenue. 

Sec.  10.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit  under 
tliis  State,  which  shall  have  been  created,  or  the  emoluments  of  which 
increased  during  such  term  except  such  offices  as  may  be  filled  by  elections 
by  the  people,  provided,  that  this  prohibition  shall  not  extend  to  the  mem- 
bers of  the  first  Legislature. 


(a)  35  Me.,  563;     70  Me.,  563,  585,  588,  593,  594,  595,  596,  597,  609,  610; 
Me.,  370;    95  Me.,  588. 


71 


the:    constitution    of   the   state   of    MAINE. 


47 


Sec.  II.  No  membsr  of  Congress,  nor  person  holding  any  office  under 
the  United  States  (post-officers  excepted)  nor  office  of  profit  under 
this  State,  justices  of  the  peace,  notaries  public,  coroners  and  officers  of 
the  militia  excepted,  shall  have  a  seat  in  either  house  during  his  being 
such  member  of  congress,  or  his  continuing  in  such  office. 

Sec.  12.  Neither  house  shall,  during  the  session,  without  the  consent 
of  the  other,  adjourn  for  more  than  two  days,  nor  to  any  other  place  than 
that  in  which  the  houses  shall  be  sitting. 

Sec.  13.  The  Legislature  shall,  from  time  to  time,  provide,  as  far  as 
practicable,  by  general  laws,  for  all  matters  usually  appertaining  to  special 
or  private  legislation. 

Sec  14.  Corporations  shall  be  formed  under  general  laws,  and  shall 
not  be  created  by  special  acts  of  the  Legislature,  except  tor  municipal 
purposes,  and  in  cases  where  the  objects  of  the  corporation  cannot  other- 
wise be  attained;  and,  however  formed,  they  shall  forever  be  subject  to 
the  general  laws  of  the  State,     (a) 

Sec.  15.  The  Legislature  shall,  by  a  two-thirds  concurrent  vote  of 
both  branches,  have  the  power  to  call  constitutional  conventions,  for  the 
purpose  of  amending  this  constitution. 


Persons  dis- 
qualified  to     ' 
be   members. 
95  Me.,   585,  586. 


Adjournmenta. 


Special  legis- 
lation. 
(Resolve  of 
Peb.   24,  1875: 
Amendment 
xiv.) 

Corporations, 
to  be 

formed   under 
general  laws, 
(Resolve  of 
Feb.  24,  1875; 
Amendment 
xiv.) 

Constitutional 
conventions. 
(Resolve  of 
Feb.  24,  1875: 
Amendment 
xlx.) 


ARTICLE  v.— Part  First. 


Executive  Powers. 
The  supreme  executive  power  of  this  State  shall  be  vested 


The  Governor  shall  be  elected  by  the  qualified  electors,  and 
his  office  one  year  from  the  first    Wednesday  of    January  in 


Sec.  I. 
in  a  Governor 

Sec.  2. 
shall  hold 
each  year. 

Sec.  3.  The  meetings  for  election  of  governor  shall  be  notified,  held, 
an3  regulated,  and  votes  shall  be  received,  sorted,  counted,  declared  and 
recorded,  in  the  same  manner  as  those  for  senators  and  representatives. 
They  shall  be  sealed  and  returned  into  the  secretary's  office  in  the  same 
manner,  and  at  the  same  time  as  those  for  senators.  And  the  secretary 
of  state  for  the  time  being  shall,  on  the  first  Wednesday  of  January,  then 
next,  lay  the  lists  before  the  Senate  and  House  of  Representatives,  and 
also  the  lists  of  votes  of  citizens  in  the  military  service  returned  into  the 
secretary's  office,  to  be  by  them  examined,  and,  in  case  of  a  choice  by  a 
majority  of  all  the  votes  returned,  they  shall  declare  and  publish  the  same. 
But  if  no  person  shall  have  a  majority  of  votes,  the  House  of  Representa- 
tives shall,  by  ballot,  from  the  persons  having  the  four  highest  numbers 
of  votes  on  the  lists,  if  so  many  there  be,  elect  two  persons  and  make 
return  of  their  names  to  the  Senate,  of  whom  the  Senate  shall,  by  ballot, 
elect  one,  who  shall  be  declared  the  Governor. 

Sec.  4.  The  Governor  shall,  at  the  commencement  of  his  term,  be  not 
less  than  thirty  years  of  age;  a  natural  born  citizen  of  the  United  States, 
have  been  five  years,  or  from  the  adoption  of  this  Constitution,  a  resident 
of  the  State ;  and  at  the  time  of  his  election  and  during  the  term  for  which 
he  is  elected,  be  a  resident  of  said  State. 

Sec.  5.  No  person  holding  any  office  or  place  under  the  United  States, 
this  State,  or  any  other  power,  shall  exercise  the  office  of  Governor. 

Sec.  6.  The  Governor  shall  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  not  be  increased  or  diminished  during  his  con- 
tinuance in  office. 

Sec.  7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  the 
State  and  of  the  militia,  except  when  called  into  the  actual  service  of  the 
United  States ;  but  he  shall  not  march  nor  convey  any  of  the  citizens  out 


Governor. 

72  Me.,  546,  663. 

Election. 
70  Me.,  591. 
(See  Amend- 
ment xxiil.) 
Meetings   for 
choice  of 
governor. 


—votes  to  be 
returned   to 
secretary  of 
state. 
70  Me.,  598. 
(Resolve  of 
Mar.  24,  1864: 
Amendment 

X.) 

(See  Amend- 
ment xxiv.) 

—provision, 
in  ca^e  there 
is  no  choice. 
7  Me.,  489. 


Qualification 
of  governor. 


Disqualifica- 
tions. 

Compensation. 


Commander- 
in-chief  of  the 
militia. 


(a)  83  Me.,  440;    01  Me.,  194. 


48 


THE    CONSTITUTION    OF   THE)    STATE    OF    MAINE. 


— not  to  march 
the  militia  out 
of  the  state. 


To  nominate 
officers. 
(Resolve   of 
Mar.  17,  1855: 
Amendment  ix, 
Amended  by 
Resolve  of 
Feb.  24,  1875: 
Amendment 
xvl.) 

To  give  infor- 
mation and 
recommend 
measures. 

May  require 
information  of 
any  officer. 

Power  of  gov- 
ernor to  par- 
don and  remit 
penalties,    &c. 

— conditions. 
(Resolve  of 
Feb.  24,  1875: 
Amendment 

XV.) 

— shall  report 
to  legislature 
at  each  ses- 
Blon. 


Shall  enforce 
the  laws. 
Convene  the 
legislature   on 
extraordinary 
occasions, 
and   adjourn  It 
in  case  of  dis- 
agreement. 
(See  Amend- 
ment xxlil.) 
— may   change 
the  place  of 
meeting. 

Vacancy,  how 
supplied. 
6  Me.,  506. 
70  Me.,  593. 


7  Me.,  489. 


of  the  State,  without  their  consent  or  that  of  the  Legislature,  unless  it 
shall  become  necessary,  in  order  to  march  or  transport  them  from  one 
part  of  the  State  to  another  for  the  defence  thereof. 

Sec.  8.  He  shall  nominate,  and,  with  the  advice  and  consent  of  the 
council,  appoint  all  judicial  officers,  coroners,  and  notaries  public;  and 
he  shall  also  nominate,  and  with  the  advice  and  consent  of  the  council, 
appoint  all  other  civil  and  military  officers,  whose  appointment  is  not  by 
this  Constitution,  or  shall  not  by  law  be  otherwise  provided  for ;  and  every 
such  nomination  shall  be  made  seven  days,  at  least,  prior  to  such  appoint- 
ment,    (a) 

Sec.  g.  He  shall  from  time  to  time  give  the  Legislature  information 
of  the  condition  of  the  State,  and  recommend  to  their  consideration  such 
measures,  as  he  may  judge  expedient. 

Sec.  10.  He  may  require  information  from  any  miHtary  officer  or  any 
officer  in  the  executive  department,, upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  II.  He  shall  have  power,  with  the  advice  and  consent  of  the 
council,  to  remit,  after  conviction,  all  forfeitures  and  penalties,  and  to 
grant  reprieves,  commutations  and  pardons,  except  in  cases  of  impeach- 
ment, upon  such  conditions,  and  with  such  restrictions  and  limitations, 
as  may  be  deemed  proper,  subject  to  such  regulations  as  may  be  provided 
by  law,  relative  to  the  manner  of  applying  for  pardons.  And  he  shall 
communicate  to  the  Legislature  at  each  session  thereof,  each  case  of 
reprieve,  remission  of  penalty,  commutation  or  pardon  granted,  stating 
the  name  of  the  convict,  the  crime  of  which  he  was  convicted,  the  sen- 
tence and  its  date,  the  date  of  the  reprieve,  remission,  commutation  or 
pardon,  and  the  conditions,  if  any,  upon  which  the  same  was  granted. 

Sec.    12.     He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  13.  He  may,  on  extraordinary  occasions,  convene  the  Legisla- 
ture ;  and  in  cases  of  disagreement  between  the  two  houses  with  respect 
to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he  shall  think 
proper,  not  beyond  the  day  of  the  next  annual  meeting;  and  if,  since  the 
last  adjournment,  the  place  where  the  Legislature  were  next  to  convene 
shall  have  become  dangerous  from  an  enemy  or  contagious  sickness,  may 
direct  the  session  to  be  held  at  some  other  convenient  place  within  the 
State. 

Sec.  14.  Whenever  the  office  of  the  Governor  shall  become  vacant  by 
death,  resignation,  removal  from  office  or  otherwise,  the  president  of  the 
Senate  shall  exercise  the  office  of  Governor  until  another  Governor  shall 
be  duly  qualified;  and  in  case  of  the  death,  resignation,  removal  from 
office  or  disqualification  of  the  president  of  the  Senate,  so  exercising  the 
office  of  Governor,  the  speaker  of  the  House  of  Representatives  shall 
exercise  the  office,  until  a  president  of  the  Senate  shall  have  been  chosen; 
and  when  the  office  of  Governor,  president  of  the  Senate,  and  speaker 
of  The  House  shall  become  vacant,  in  the  recess  of  the  Senate,  the  person, 
acting  as  Secretary  of  State  for  the  time  being,  shall  by  proclamation 
convene  the  Senate,  that  a  president  may  be  chosen  to  exercise  the  office 
of  Governor.  And  whenever  either  the  president  of  the  Senate  or  speaker 
of  the  House  shall  so  exercise  said  office,  he  shall  receive  only  the  com- 
pensation of  Governor,  but  his  duties  as  president  or  speaker  shall  be  sus- 
pended; and  the  Senate  or  House  shall  fill  the  vacancy  until  his  duties 
as  Governor  shall  cease. 


(a)  32  Me.,  526;    72  Me.,  547. 


THE    CONSTITUTION    OF   THE    STATE    OE    MAINE. 


49 


ARTICLE  v.— Part  Second. 

COUNCII,. 


Sec.  I.  There  shall  be  a  Council,  to  consist  of  seven  persons,  citi- 
zens of  the  United  States,  and  residents  of  this  State,  to  advise  the 
Governor  in  the  executive  part  of  government,  whom  the  Governor 
shall  have  full  power,  at  his  discretion,  to  assemble;  and  he  with  the 
Councilors,  or  a  majority  of  them,  may  from  time  to  time,  hold  and  keep  a 
council,  for  ordering  and  directing  the  affairs  of  State,  according  to  law. 

Sec.  2.  The  Councilors  shall  be  chosen  annually,  on  the  first  Wednes- 
day of  January,  by  joint  ballot  of  the  senators  and  representatives  in 
convention;  and  vacancies,  which  shall  afterwards  happen,  shall  be  filled 
in  the  same  manner;  but  not  more  than  one  Councilor  shall  be  elected 
from  any  district,  prescribed  for  the  election  of  senators;  and  they  shall 
be  privileged  from  arrest  in  the  same  manner  as  senators  and  represen- 
tatives. 

Sec  3.  The  resolutions  and  advice  of  Council,  shall  be  recorded  in  a 
register,  and  signed  by  the  members  agreeing  thereto,  which  may  be 
called  for  by  either  house  of  the  Legislature;  and  any  Councilor  may 
enter  his  dissent  to  the  resolution  of  the  majority. 

Sec.  4.  No  member  of  congress,  or  of  the  Legislature  of  this  State, 
nor  any  person  holding  any  office  under  the  United  States,  (post  officers 
excepted),  nor  any  civil  officers  under  this  State  (justices  of  the  peace 
and  notaries  public  excepted),  shall  be  Councilors.  And  no  Councilor 
shall  be  appointed  to  any  office  during  the  time  for  which  he  shall  have 
been  elected.  r 


Council  shall 

consist  of 

seven. 

72  Me.,   548,  S4d. 


Councilors, 

how  chosen. 
(See  Amend- 
ment xxlil.) 
70  Me.,  591. 

—privileged 
from  arrest. 


Journal  of 
their  proceed- 
ings. 


Persons  dis- 
qualified  to   be 
councilors. 

—not  to  be 
appointed  to 
any    office. 


ARTICLE  v.— Part  Third. 


Secretary. 


Sec.  I.  The  Secretary  of  State  shall  be  chosen  annually  at  the  first 
session  of  the  Legislature,  by  joint  ballot  of  the  senators  and  representa- 
tives in  convention. 

Sec.  2.  The  records  of  the  State  shall  be  kept  in  the  office  of  the 
Secretary,  who  may  appoint  his  deputies,  for  whose  conduct  he  shall  be 
accountable. 

Sec.  3.  He  shall  attend  the  Governor  and  Council,  Senate  and  House 
of  Representatives,  in  person  or  by  his  deputies,  as  they  shall  respectively 
require. 

Sec.  4.  He  shall  carefully  keep  and  preserve  the  records  of  all  the 
official  acts  and  proceedings  of  the  Governor  ^nd  Council,  Senate  and 
House  of  Representatives,  and,  when  required,  lay  the  same  before  either 
branch  of  the  Legislature,  and  perform  such  other  duties  as  are  enjoined 
by  this  Constitution,  or  shall  be  required  by  law. 


Secretary, 
how  chosen. 
(See  amend- 
ment xxlii.) 
70  Me.,  591. 
—to   keep  the 
records  of 
state,   and 
may  appoint 
deputies. 
— to  attend 
the   governor 
and  council. 

—to  preserve 
the  records  of 
the  executive 
and  legislative 
departments. 
81  Me.,  546. 


ARTICLE  v.— Part  Fourth. 


Treasurer. 

Sec.  I.  The  Treasurer  shall  be  chosen  annually,  at  the  first  session 
of  the  Legislature,  by  joint  ballot  of  the  senators  and  representatives  in 
convention,  but  shall  not  be  eligible  more  than  five  years  successively. 

Sec.  2.  The  Treasurer  shall,  before  entering  on  the  duties  of  his  office, 
give  bond  to  the  State,  with  sureties,  to  the  satisfaction  of  the  Legislature, 
for  the  faithful  discharge  of  his  trust. 

4  ' 


Treasurer, 
how  chosen, 
70  Me.,  590. 
(See  Amend- 
ments xxlll. 


Must  give 

bond. 

xxvli.) 


50 


THE    CONSTITUTION    OF   Tut   STATE)    OF    MAINE. 


Must  not  en- 
gage in  trade. 


Nor  draw 
money  but  by 
warrant. 

— account  of 
receipts  and 
expenditures 
to  be  pub- 
lished. 

(See  Amend- 
ment xxUi.) 


Sec.  3.  The  treasurer  shall  not,  during  his  continuance  in  office,  engage 
in  any  business  of  trade  or  commerce,  or  as  a  broker,  nor  as  an  agent  or 
factor  for  any  merchant  or  trader. 

Sec.  4.  No  money  shall  be  drawn  from  the  treasury,  but  by  warrant 
from  the  Governor  and  Council,  and  in  consequence  of  appropriations 
made  by  law;  and  a  regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  money,  shall  be  published  at  the  commencement 
of  the  annual  session  of  the  Legislature. 


ARTICLE  VL 


Judicial  Power. 


Supreme  and 
other  courts. 

3  Me.,  326. 

4  Me.,  140. 
86  Me.,  530. 
Comi>ensation 
of  justices  of 
S.  J.  court. 


To  give  opin- 
ion when  re- 
quired by 
either  branch 
of  governnftnt. 
Tenure  of  ju- 
dicial offices. 
(Resolve  of 
Mar.  14,   1839: 
Amendment 
iii.) 

21  Me.,  550. 
62  Me.,  597. 
79  Me.,  439. 
Justices  of 
the  peace  and 
notaries. 
32  Me.,  528. 
62  Me.,  596. 
68  Me.,  594. 
79  M^e.,  439. 
Justices  of 
the  S.  J.   C. 
can  hold  no 
other    office. 

Judges  and 
registers  of 
probate,  their 
election  and 
tenure  of 
office. 

(See  Amend- 
ment xxiii.) 
— vacancies. 
(Resolve  of 
Mar.  17,  1855: 
Amendment 
ix.) 

(See  Amend- 
ment xxiii.) 

Judges  of 
municipal  and 
police  courts, 
their  tenure. 
(Resolve  of 
Feb.  24,  1875: 
Amendment 
avi.) 


Sec.  I.  The  judicial  power  of  this  State  shall  be  vested  in  a  Supreme 
Judicial  Court,  and  such  other  courts  as  the  Legislature  shall  from  time 
to  time  establish. 

Sec.  2.  The  justices  of  the  Supreme  Judicial  Court  shall,  at  stated 
times  receive  a  compensation,  which  shall  not  be  diminished  during  their 
continuance  in  office,  but  they  shall  receive  no  other  fee  or  reward. 

Sec.  3.  They  shall  be  obliged  to  give  their  opinion  upon  important 
questions  of  law,  and  upon  solemn  occasions,  when  required  by  the 
Governor,  Council,  Senate,  or  House  of  Representatives,    (o) 

Sec.  4.  All  judicial  officers  now  in  ofUce  or  zvho  may  be  hereafter 
appointed  shall,  from  and  after  the  first  day  of  March  in  the  year  eighteen 
hundred  and  forty,  hold  their  offices  for  the  term  of  seven  years  from 
the  time  of  their  respective  appointments,  (unless  sooner  removed  by 
impeachment  or  by  address  of  both  branches  of  the  Legislature  to  the 
Executive)  and  no  longer  unless  re-appointed  thereto. 

Sec.  5.  Justices  of  the  peace  and  notaries  public,  shall  hold  their  offices 
during  seven  years,  if  they  so  long  behave  themselves  well,  at  the  expira- 
tion of  which  term,  they  may  be  re-appointed  or  others  appointed,  as  the 
public  interest  may  require. 

Sec.  6.  The  justices  of  the  Supreme  Judicial  Court  shall  hold  no  office 
under  the  United  States,  nor  any  State,  nor  any  other  office  under  this 
State,  except  that  of  justice  of  the  peace.  _ 

Sec.  7.  Judges  and  registers  of  probate  shall  be  elected  by  the  people 
of  their  respective  counties,  by  a  plurality  of  the  votes  given  in  at  the 
annual  election,  on  the  second  Monday  of  September,  and  shall  hold  their 
offices  for  four  years,  commencing  on  the  first  day  of  January  next  after 
their  election,  (b)  Vacancies  occurring  in  said  offices  by  death,  resigna- 
tion or  otherwise,  shall  be  filled  by  election  in  manner  aforesaid,  at  the 
September  election  next  after  their  occurrence;  and  in  the  meantime,  the 
Governor,  with  the  advice  and  consent  of  the  Council,  may  fill  said 
vacancies  by  appointment,  and  the  persons  so  appointed  shall  hold  their 
offices  until  the  first  day  of  January  thereafter. 

Sec.  8.  Judges  of  municipal  and  police  courts  shall  be  appointed  by 
the  executive  power,  in  the  same  manner  as  other  judicial  officers,  and 
shall  hold  their  offices  for  the  term  of  four  years ;  provided,  however,  that 
the  present  incumbents  shall  hold  their  ofUces  for  the  term  for  which  they 
were  elected,    (c) 

(a)  58  Me.,  572.  573,  574;  70  Me.,  583.  608,  610,  6ri.  612;  72  Me.,  544,  560; 
81  Me.,  602;  85  Me.,  545;  95  Me.,  565,  572. 

(&)  44  Me.,  388;  61  Me.,  602;  64  Me..  596;  68  Me.,  587:  79  Me.,  439. 
(c)  62  Me.,  299 ;  72  Me.,  563 ;  79  Me.,  439. 


THE    CONSTITUTION    OF   THE   STATE    OE    MAINE. 


51 


ARTICLE  VII. 


Military. 


Sec.  I.  The  captains  and  subalterns  of  the  militia  shall  be  elected  by 
the  written  votes  of  the  members  of  their  respective  companies.  The  field 
officers  of  regiments  by  the  written  votes  of  the  captains  and  subalterns 
of  their  respective  regiments.  The  brigadier  generals  in  like  manner,  by 
the  field  officers  of  their  respective  brigades. 

Sec.  2.  The  Legislature  shall,  by  law,  direct  the  manner  of  notify- 
ing the  electors,  conducting  the  elections,  and  making  returns  to  the 
Governor  of  the  officers  elected ;  and,  if  the  electors  shall  neglect  or  refuse 
to  make  such  elections,  after  being  duly  notified  according  to  law,  the 
Governor  shall  appoint  suitable  persons  to  fill  such  offices. 

Sec.  3.  The  major  generals  shall  be  elected  by  the  Senate  and  House 
of  Representatives,  each  having  a  negative  on  the  other.  The  adjutant 
jjpeneral  and  quartermaster  general  shall  be  chosen  annually  by  joint  ballot 
t)f  the  senators  and  representatives  in  convention.  But  the  adjutant 
general  shall  perform  the  duties  of  quartermaster  general,  until  otherwise 
directed  by  law.  The  major  generals  and  brigadier  generals,  and  the 
commanding  officers  of  regiments  and  battaUons,  shall  appoint  their 
respective  staff  officers ;  and  all  military  officers  shall  be  commissioned  by 
the  Governor,    (a) 

Sec.  4.  The  militia,  as  divided  into  divisions,  brigades,  regiments, 
battalions  and  companies  pursuant  to  the  laws  now  in  force,  shall  remain 
so  organized,  until  the  same  shall  be  altered  by  the  Legislature. 

Sec.  5.  Persons  of  the  denominations  of  quakers  and  shakers,  justices 
of  the  Supreme  Judicial  Court  and  ministers  of  the  gospel  may  be 
exempted  from  military  duty,  but  no  other  person  of  the  age  of  eighteen 
and  under  the  age  of  forty-five  years,  excepting  officers  of  the  militia  who 
have  been  honorably  discharged,  shall  be  so  exempted,  unless  he  shall  pay 
an  equivalent  to  be  fixed  by  law. 


Officers,  how 

elected. 

25  Me.,  157. 


Manner  of 
conducting 
•elections. 


Major  generals 
and  adjutant 
generals,   how 
elected. 
(Resolve  of 
Mar.  17,  1855: 
Amendment 
ix.) 

(See  Amend- 
ments xxili, 
xxvill.) 

—staff  officers, 
how  ap- 
pointed. 
Organization 
of  the  militia. 


Who  may  be 
exempted  from 
military   duty. 


ARTICLE  VIII. 
Literature. 


A  general  diffusion  of  the  advantages  of  education  being  essential  to 
the  preservation  of  the  rights  and  liberties  of  the  people;  to  promote  this 
important  object,  the  Legislature  are  authorized,  and  it  shall  be  their  duty 
to  require,  the  several  towns  to  make  suitable  provision,  at  their  own 
expense,  for  the  support  and  maintenance  of  public  schools ;  and  it  shall 
further  be  the  duty  to  encourage  and  suitably  endow  from  time  to  time, 
as  the  circumstances  of  the  people  may  authorize,  all  academies,  colleges 
,and  seminaries  of  learning  within  the  State;  provided,  that  no  donation, 
grant  or  endowment  shall  at  any  time  be  made  by  the  Legislature  to  any 
literary  institution  now  established,  or  which  may  hereafter  be  established, 
unless,  at  the  time  of  making  such  endowment,  the  Legislature  of  the 
State  shall  have  the  right  to  grant  any  further  powers  to  alter,  limit  or 
restrain  any  of  the  powers  vested  in,  any  such  literary  institution,  as  shall 
be  judged  necessary  to  promote  the  best  interests  thereof. 


Legislature 
shall  require 
towns   to   sup- 
port   public 
schools. 
31  Me.,  272. 
68  Me.,  582. 
1872,   c.  56. 

— shall  endow 
colleges  and 
academies. 


(a)  44  Me.,  388;     70  Me.,  591. 


52 


THE    CONSTITUTION    01?   THE    STATE)    OJ?    MAINE. 


ARTICLE  IX. 
General  Provisions. 


Oatha  and 
subscriptions. 
3  Me.,  372. 


-proviso. 


Before  whom 
to  be  taken. 
70  Me.,   590,   592, 
593. 


(Proviso.) 
(Obsolete.) 


Offices  incom- 
patible with 
each  other. 
7  Me.,  14. 
64  Me.,  195. 
68  Mei..  594. 
71  Me.,  209. 
95  Me.,  575. 

[See  Art.  ill,  § 

2. 

Art.  Iv,  Part  3, 

§  11. 

Art.  V,   Part  1, 
§5.) 

Commissions. 


Elections  on 
the  first  Wed- 
nesday of  Jan- 
uary may  be 
jLdjourned 
from  day  to 
day. 

(See  Amend- 
ment xxiil.) 

Every  civil 
officer  may  be 
removed   by 
impeachment 
or  address. 
60  Me.,   66,   67. 
72  Me.,  549. 


Ttenure  of 

office. 

21  Me.,  555. 

72  Me.,   549,   563. 


Sec.  I.  Every  person  elected  or  appointed  to  either  of  the  places  or 
offices  provided  in  this  Constitution,  and  every  person  elected,  appointed,, 
or  commissioned  to  any  judicial,  executive,  military  or  other  office  under 
this  State,  shall,  before  he  enter  on  the  discharge  of  the  duties  of  his 
place  or  office,  take  and  subscribe  the  following  oath  or  affirmation:     ''I 

do  swear,  that  I  will    support  the    Constitution  of    the    United 

States,  and  of  this  State,  so  long  as  I  shall  continue  a  citizen  thereof.  So 
help  me  God." 

"I do  swear,  that  I  will  faithfully  discharge,  to  the  best  of  my 

abilities,  the  duties  incumbent  on  me  as according  to  the  Con- 
stitution and  laws  of  the  State.  So  help  me  God."  Provided,  that  an 
affirmation  in  the  above  forms  may  be  substituted,  when  the  person  shall 
be  conscientiously  scrupulous  of  taking  and  subscribing  an  oath.  :^ 

The  oaths  or  affirmations  shall  be  taken  and  subscribed  by  the  Gov- 
ernor and  councilors  before  the  presiding  officer  of  the  Senate,  in  the 
presence  of  both  houses  of  the  Legislature,  and  by  the  senators  and  repre- 
sentatives before  the  Governor  and  Council,  and  by  the  residue  of  said 
officers,  before  such  persons  as  shall  be  prescribed  by  the  Legislature ;  and 
whenever  the  Governor  or  any  councilor  shall  not  be  able  to  attend  during 
the  session  of  the  Legislature  to  take  and  subscribe  said  oaths  or  affirma- 
tions, said  oaths  or  affirmations  may  be  taken  and  subscribed  in  the  recess 
of  the  Legislature  before  any  justice  of  the  Supreme  Judicial  Court; 
provided,  that  the  senators  and  representatives,  first  elected  under  this 
Constitution,  shall  take  and  subscribe  such  oaths  or  affirmations  before  the 
president  of  the  convention. 

Sec.  2.  No  person  holding  the  office  of  justice  of  the  Supreme  Judicial 
Court,  or  of  any  inferior  court,  attorney  general,  county  attorney,  treasurer 
of  the  State,  adjutant  general,  judge  of  probate,  register  of  probate, 
register  of  deeds,  sheriffs  or  their  deputies,  clerks  of  the  judicial  courts, 
shall  be  a  member  of  the  Legislature;  and  any  person  holding  either  of 
the  foregoing  offices,  elected  to,  and  accepting  a  seat  in  the  Congress  of 
the  United  States,  shall  thereby  vacate  said  office ;  and  no  person  shall 
be  capable  of  holding  or  exercising  at  the  same  time  within  this  State, 
more  than  one  of  the  offices  before  mentioned. 

Sec.  3.  All  commissions  shall  be  in  the  name  of  the  State,  signed  by 
the  Governor,  attested  by  the  secretary  or  his  deputy,  and  have  the  seal 
of  the  State  thereto  affixed. 

Sec.  4.  And  in  case  the  elections  required  by  this  Constitution  on  the 
first  Wednesday  of  January  annually,  by  the  two  houses  of  the  Legisla- 
ture, shall  not  be  completed  on  that  day,  the  same  may  be  adjourned  from 
day  to  day,  until  completed,  in  the  following  order;  the  vacancies  in  the 
Senate  shall  first  be  filled;  the  Governor  shall  then  be  elected,  if  there  be 
no  choice  by  the  people;  and  afterwards  the  two  houses  shall  elect  the 
council. 

Sec.  5.  Every  person  holding  any  civil  office  under  this  State,  may  be 
removed  by  impeachment,  for  misdemeanor  in  office ;  and  every  person 
holding  any  office,  may  be  removed  by  the  Governor,  with  the  advice  of 
the  Council,  on  the  address  of  both  branches  of  the  Legislature.  But 
before  such  address  shall  pass  either  house,  the  causes  of  removal  shall 
be  stated  and  entered  on  the  journal  of  the  house  in  which  it  originated, 
and  a  copy  thereof  served  on  the  person  in  office,  that  he  may  be  admitted 
to  a  hearing  in  his  defense. 

Sec.  6.  The  tenure  of  all  offices,  which  are  not  or  shall  not  be  other- 
wise provided  for,  shall  be  during  the  pleasure  of  the  Governor  and' 
Council. 


THE    CONSTITUTION    01?   THE)   STATE;   OF    MAINE. 


53 


Sec.  7.  While  the  public  expenses  shall  be  assessed  on  polls  and 
estates,  a  general  valuation  shall  be  taken  at  least  once  in  ten  years,     (a) 

Sec.  8.  All  taxes  upon  real  and  personal  estate,  assessed  by  author- 
ity of  this  State,  shall  be  apportioned  and  assessed  equally,  according  to 
the  just  value  thereof,     (b) 

Sec.  9.  The  Legislature  shall  never,  in  any  manner,  suspend  or  sur- 
render the  power  of  taxation,     (c) 

Sec.    10.     Sheriffs  shall    be  elected   by  the   people  of   their  respective 

■counties,  by  a  plurality  of  the  votes  given  in  on  the  second  Monday  of 

September,  and  shall  hold  their  offices  for  two  years  from  the  first  day  of 

January  next  after  their  election.     Vacancies  shall  be  filled  in  the  same 

manner  as  is  provided  in  the  case  of  judges  and  registers  of  probate. 

Sec.  II.  The  attorney  general  shall  be  chosen  annually  by  joint  ballot 
of  the  senators  and  representatives  in  the  convention.  Vacancy  in  said 
office,  occurring  when  the  Legislature  is  not  in  session,  may  be  filled  by 
the  appointment  of  the  Governor  with  the  advice  and  consent  of  the 
Council,     (d) 

Sec.  12.  But  citizens  of  this  State,  absent  therefrom  in  the  military 
service  of  the  United  States  or  of  this  State,  and  not  in  the  regular  army 
of  the  United  States,  being  otherwise  qualified  electors,  shall  be  allowed 
to  vote  for  judges  and  registers  of  probate,  sheriffs,  and  all  other  county 
officers  on  the  Tuesday  next  after  the  first  Monday  in  November,  in  the 
year  one  thousand  eight  hundred  and  sixty-four,  and  their  votes  shall  be 
counted  and  alloned  in  the  same  manner  and  with  the  same  effect  as  if 
given  on  the  second  Monday  of  September  in  that  year.  And  they  shall 
be  allowed  to  vote  for  all  such  officers  on  the  second  Monday  in  September 
annually  thereafter  forever.  And  the  votes  shall  be  given  at  the  same  time 
and  in  the  same  manner,  and  the  names  of  the  several  candidates  shall  be 
printed  or  written  on  the  same  ballots  with  those  for  Governor,  senators 
and  representatives,  as  provided  in  section  four,  article  second  of  this 
Constitution. 

Sec.  13.  The  Legislature  may  enact  laws  excluding  trom  the  right  of 
suffrage,  for  a  term  not  exceeding  ten  years,  all  persons  convicted  of 
bribery  at  any  election,  or  of  voting  at  any  election,  under  the  influence 
of  a  bribe. 

Sec.  14.  The  credit  of  the  State  shall  not  be  directly  or  indirectly 
loaned  in  any  case.  The  Legislature  shall  not  create  any  debt  or  debts, 
liability  or  liabilities,  on  behalf  of  the  State,  which  shall  singly  or  in  the 
aggregate,  with  previous  debts  and  liabilities  hereafter  incurred  at  any 
one  time,  exceed  three  hundred  thousand  dollars,  except  to  suppress  insur- 
rection, to  repel  invasion,  or  for  purposes  of  war;  but  this  amendment 
shall  not  be  construed  to  refer  to  any  money  that  has  been,  or  may  be 
deposited  with  this  State  by  the  government  of  the  United  States,  or  to 
any  fund  which  the  State  shall  hold  in  trust  for  any  Indian  tribe. 

Sec.  15.  The  State  is  authorized  to  issue  bond's  payable  zvithin  twenty- 
one  years,  at  a  rate  of  interest  not  exceeding  six  per  cent,  a  year,  payable 
^semi-annually,  which  bonds  or  their  proceeds  shall  be  devoted  solely 
towards  the  reimbursement  of  the  expenditures  incurred  by  the  cities, 
towns  and  plantations  of  the  State  for  zvar  purposes  during  the  rebellion, 
upon  the  follozving  basis:  Bach  city,  town  and  plantation  shall  receive 
from  the  State  one  hundred  dollars  for  every  man  furnished  for  the 
military  service  of  the  United  States  under  and  after  the  call  of  July 
second,  eighteen  hundred  and  sixty-two,  and  accepted  by  the  United  States 


Valuation. 


Taxation. 
(Resolve  of 
Feb.  24,  1875: 
Am'd't  xvli.) 

Power  of 
taxation, 
(Ad'm't  xvli.) 
Sheriffs,  how 
elected,  and 
tenure  of 
office. 

(Resolve  of 
Mar.  17,  1855: 
Amendment 
Ix.) 

Att'y  gen'l. 
(Resolve  of 
Mar.  17,  1855: 
Amendment 
ix ;  See  Amend 
ment  xxiii.) 


Citizens  who 
may  be  al- 
lowed to  vote 
for  county 
officers. 
(Resolve  of 
Miar.  24,  1864: 
Amendment 

X.) 


(See  Amend- 
ment xxiii.) 


Bribery  at 
elections. 
(Resolve  of 
Feb.  24,  1875: 
Amendment 

XX.) 

Credit  of 

state  not  to 

be  loaned. 

--state  debt 

limited  to 

$300,000. 

53  Me.,  587. 

(Resolve  of 

July  26,  1847: 

Amendment 

vl.) 

— exceptions. 

81  Me..  603. 


State  to  issue 
bonds  in  pay- 
ment of 
municipal 
war  debt. 
(Resolve  of 
Mar.  7.  1868: 
Amendment 
xl.) 

—basis  of  pay- 

mlent. 

63  Me.,  587. 


(a)  62  Me.,  7Z,  4Si ;  63  Me.,  277,  285;  84  Me.,  215;  86  Me.,  502. 

(&)  62  Me.,  73,  451;  63  Me.,  277,  285;  67  Me.,  136;  70  Me.,  522,  607;  72 
Me.,  518,  525;  72  Me.,  526;  84  Me.,  215;  86  Me.,  498,  502;  88  Me.,  180;  93 
Me.,  594. 

(c)  62  Me.,  62,  451 ;  84  Me..  215. 

(d)  70  Me.,  591. 


54 


THi;    CONSTITUTION    OF   THE)   STATE)   OV    MAINE. 


60  Me.,  158. 
69  Me.,  5b5. 
81  Me.,  6U4. 
(Obsolete.) 

— commission 
appointed  to 
determine 
amount  due 
cities,  towns 
and  planta- 
tions. 

—limited  to 
$3,500,000. 


Towns  of  4,000 
Inhabitants   or 
having  inhab- 
ited Islands, 
may  be  divided 
into  voting 
districts. 
(Resolve  of 
Mar.  15,  1869: 
Amendment 
xli.) 


towards  its  quota  for  the  term  of  three  years,  and  in  the  same  proportion 
for  every  man  so  furnished  and  accepted  for  any  shorter  period;  and  the 
same  shall  be  in  full  payment  for  any  claim  upon  the  State  on  account  of 
its  war  debts  by  any  such  municipality.  A  commission  appointed  by  the 
Governor  and  Council  shall  determine  the  amount  to  u  hich  each  city,  town 
and  plantation  is 'entitled;  to  be  devoted  to  such  reimbursement,  the  sur- 
plus, if  any,  to  be  appropriated  to  the  soldiers  who  enlisted  or  mere  drafted 
and  went  at  any  time  during  the  war,  or  if  deceased,  to  their  legal  repre- 
sentatives. The  issue  of  bonds  hereby  authorized  shall  not  exceed  in  the 
cigg^^gote  three  million  five  hundred  thousand  dollars,  and  this  amendment 
shall  not  be  construed  to  permit  the  credit  of  the  State  to  be  directly  or 
indirectly  loaned  in  any  other  case  or  for  any  other  purpose. 

Sec.  i6.  The  Legislature  may  by  law  authorize  the  dividing  of  towns 
having  not  less  than  four  thousand  inhabitants,  or  having  voters  residing 
on  any  island  within  the  limits  thereof,  into  voting  districts  for  the  election 
of  representatives  to  the  Legislature,  and  prescribe  the  manner  in  which 
the  votes  shall  be  received,  counted,  and  the  result  of  the  election  declared. 


ARTICLE  X. 


Schedule. 


Laws  now  in 
force  con- 
tinue until 
repealed. 
92  Me.,  244. 
Constitution, 
how  amended. 
(See   art.   4, 
part  3,  §  15.) 


(See  Amend- 
ment xxlil.) 
1880,   c.  248. 


Constitution  to 
be  arranged 
by  chief  .iustice 
of  S.  J.  C. 
(Resolve  of 
Feb.  24,  1875: 
Amendment 
xxi.) 

—constitution 
to  be  enrolled 
and  printed 
with  laws. 

—supreme  law 
of  the  state. 


§§  1,  2,  5,  of 

art.   X,    not   to 

be  printed. 

§  5  in  full 

force. 

(Resolve  of 

Feb.  24,  1875: 

Amendment 

xxi.) 

84  Me.,  5. 


Sec.  I.  All  laws  now  in  force  in  this  State,  and  not  repugnant  to 
this  Constitution,  shall  remain,  and  be  in  force  until  altered  or  repealed 
by  the  Legislature,  or  shall  expire  by  their  own  Hmitation. 

Sec.  2.  The  Legislature,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  may  propose  amendments  to  this  Constitution;  and 
when  any  amendments  shall  be  so  agreed  upon,  a  resolution  shall  be  passed 
and  sent  to  the  selectmen  of  the  several  towns,  and  the  assessors  of  the 
several  plantations,  empowering  and  directing  them  to  notify  the  inhabi- 
tants of  their  respective  towns  and  plantations,  in  the  manner  prescribed 
by  law,  at  their  next  annual  meetings  in  the  month  of  September,  to  give 
in  their  votes  on  the  question,  whether  such  amendment  shall  be  made; 
and  if  it  shall  appear  that  a  majority  of  the  inhabitants  voting  on  the  ques- 
tion are  in  favor  of  such  amendment,  it  shall  become  a  part  of  this  Consti- 
tution. 

Sec.  3.  After  the  amendments  proposed  herewith  shall  have  been  sub- 
mitted to  popular  vote,  the  chief  justice  of  the  Supreme  Judicial  Court 
shall  arrange  the  Constitution,  as  amended,  under  appropriate  titles,  and 
in  proper  articles,  parts  and  sections,  omitting  all  sections,  clauses  and 
words  not  in  force,  and  making  no  other  changes  in  the  provisions  or 
language  thereof,  and  shall  submit  the  same  to  the  Legislature  at  its  next 
session.  And  the  draft,  and  arrangement,  when  approved  by  the  Legis- 
lature, shall  be  enrolled  on  parchment  and  deposited  in  the  office  of  the 
Secretary  of  State;  and  printed  copies  thereof  shall  be  prefixed  to  the 
books  containing  the  laws  of  the  State.  And  the  Constitution,  with  the 
amendments  made  thereto,  in  accordance  with  the  provisions  thereof,  shall 
be  the  supreme  law  of  the  State. 

Sec.  4.  Sections  one,  two  and  five,  of  article  ten  of  the  existing  Con- 
stitution, shall  hereafter  be  omitted  in  any  printed  copies  thereof  prefixed 
to  the  laws  of  the  State;  but  this  shall  not  impair  the  validity  of  acts 
under  those  sections;  and  section  five  shall  remain  in  full  force,  as  part 
of  the  Constitution,  according  to  the  stipulations  of  said  section,  with  the 
same  effect  as  if  contained  in  said  printed  copies. 


THE    CONSTITUTION    OF   TllE    STATE    OE    MAINE. 


55 


AMENDMENTS 

To    the  Amended    Constitution  of  Maine,  adopted   in   pursuance  of   the 
second  section  of  the  tenth  article  of  the  Amended  Constitution. 

ARTICLE  XXII. 

Limitation    of   Municipal   Indebtedness. 


No  city  or  town  shall  hereafter  create  any  debt  or  liability,  which  singly, 
or  in  the  aggregate  with  previous  debts  or  liabilities,  shall  exceed  five  per 
centum  of  the  last  regular  valuation  of  said  city  or  town ;  provided,  how- 
ever, that  the  adoption  of  this  article  shall  not  be  construed  as  applying 
to  any  fund  received  in  trust  by  said  city  or  town,  nor  to  any  loan  for  the 
purpose  of  renewing  existing  loans  or  for  war,  or  to  temporary  loans  to 
be  paid  out  of  money  raised  by  taxation,  during  the  year  in  which  they 
are  made. 


Municipal 
Indebtedness 
never  to  ex- 
ceed 5  per  cent, 
of   valuation. 
— exceptions. 
(See   Art.    1, 
S!  1,  21.) 

85  Me.,  518. 

91  Me.,  367. 

92  Me.,  292. 
95  Me.,  242. 


[The  twenty-second  Amendment  to  the  (Amended)  Constitution  of  Maine  was 
proposed  to  the  people  by  a  Resolve  of  the  fifty-sixth  Liegislature  passed  Feb- 
ruary 9,  1877,  and  having  been  adopted  by  the  people  at  the  ensuing  annual  elec- 
tion, September  10,  1877,  took  effect  as  a  part  of  the  constitution  January  2,  1878, 
according  to  the  provisions  of  the  Resolve  and  the  proclamation  of  Governor 
Connor  issued  December  20,  1877.] 


ARTICLE  XXIII. 
Biennial  Elections  and  Biennial   Sessions. 


The  governor,  senators  and  representatives  in  the  legislature,  shall  be 
elected  biennially,  and  hold  office  two  years  from  the  first  Wednesday  in 
January  .next  succeeding  their  election;  and  the  legislature,  at  the  first 
session  next  after  the  adoption  of  this  article,  shall  make  all  needful  pro- 
visions by  law  concerning  the  tenure  of  office  of  all  county  officers,  and 
concerning  the  annual  or  biennial  reports  of  the  state  treasurer  and  other 
state  officers  and  institutions;  and  shall  make  all  such  provisions  by  law 
as  may  be  required  in  consequence  of  the  change  from  annual  to  biennial 
elections,  and  from  annual  to  biennial  sessions  of  the  legislature.  The  first 
election  under  this  Article  shall  be  in  the  year  one  thousand  eight  hundred 
and  eighty;  and  the  first  meeting  of  the  legislature  under  this  article  shall 
he  on  the  first  Wednesday  of  January,  eighteen  hundred  and  eighty-one. 

Section  four,  article  two;  section  five,  part  one,  article  four;  section 
four,  part  two,  article  four;  section  one,  part  three,  article  four;  section 
thirteen,  part  one,  article  five;  section  two,  part  two,  article  five;  sec- 
tion one,  part  three,  article  five ;  section  one,  part  four,  article  five ;  sec- 
tion four,  part  four,  article  five ;  section  three,  article  seven ;  section  four, 
article  nine,  and  section  eleven,  article  nine,  are  amended,  by  substituting 
the  Word  'biennial'  for  the  word  "annual"  wherever  it  occurs. 

Section  two,  part  one,  article  five,  is  amended,  by  striking  out  all  after 

the  word  "office"  and  substituting  therefor  the  following  words :     'for  two 

years  from  the  first  Wednesday  of  January  next  following  the  election.' 

Section  seven,  article  six,  and  section  two,  article  ten,  are  hereby  amended 

by  striking  out  the  word  "annual"  and  insert  in  place  thereof  the  word 

'biennial.' 

[The  twenty-third  Amendment  was  proposed  to  the  people  by  a  Resolve  of  the 
fifty-eighth  Legislature  passed  March  4,  1879,  and  having  been  adopted  September 
8,  was  declared  to  have  become  a  part  of  the  Constitution  by  a  Resolve  of  March 
18,  1880.] 


Biennial 
elections  and 
sessions. 

— suitable 
provision  to 
be  made  for 
tenure  of 
offices,   &c. 
(See  Art.  iv, 
part  1,  §  2; 
part  2,  §§  1,  5.) 


— elections  to 
be  held  each 
even  year. 


— 'biennial' 
substituted 
for  'annual'.  In 
twelve  places. 


§  2,  part  1, 
art.    5,    of   con- 
stitution, 
amended. 


56 


Governor  to 
be  elected  by 
plurality. 
(See  Art.  v, 
part  1,   §  3.) 


the;  constitution  op  thh;  state  of  maine. 

* 

ARTICLE  XXIV. 

EJECTION  OF  Governor  by  Plurality  Vote. 

The  constitution  of  this  State  shall  be  amended,  in  the  third  section  of 
the  first  part  of  article  five,  by  striking  out  the  word  "majority,"  wherever 
it  occurs  therein,  and  inserting  in  the  place  thereof  the  word  'plurality.' 

[The  twenty-fourth  Amendment  was  proposed  to  the  people  by  a  Resolve  of  the 
fifty-ninth  Legislature  passed  January  27,  1880,  and  having  been  adopted  Septem- 
ber 13,  was  proclaimed  by  Governor  Davis  to  be  a  part  of  the  Constitution,  Nov. 
9,  1880.] 

ARTICLE  XXV. 


Amendment 
to  §  2,  art.  4. 
part  1,  of 
amended 
constitution. 
(See  Art.  iv. 
part  1,  §§  2,  5; 
part  2,  §§  1,  5; 


Biennial    terms 
of  senators 
and   represen- 
tatives. 


(Obsolete.) 


—legislature 
to  ascertain 
number  of 
inhabitants 
once  every 
five  or  ten  years, 


— apportion- 
ment of  repre- 
sentatives. 


Biennial  Legislative  Terms. 

Section  two,  article  four,  part  first,  of  the  constitution  of  this  state,  as 
amended  under  the  "resolutions  concerning  an  amendment  of  the  consti- 
tution of  Maine,"  approved  the  fourth  day  of  March,  in  the  year  eighteen 
hundred  and  seventy-nine,  shall  be  further  amended  by  striking  out  the 
words  "first  Wednesday  in  January  next  succeeding  their  election,"  and 
inserting  in  place  thereof  the  words  'day  next  preceding  the  biennial  meet- 
ing of  the  legislature,  and  the  amendment  herein  proposed,  if  adopted, 
shall  determine  the  term  of  office  of  senators  and  representatives  to  be 
elected  at  the  annual  meeting  in  September,  in  the  year  eighteen  hundred 
and  eighty,  as  well  as  the  term  of  senators  and  representatives  thereafter 
to  be  elected,'  so  that  said  section,  as  amended,  shall  read  as  follows : 

'Sec.  2.  The  house  of  representatives  shall  consist  of  one  hundred 
and  fifty-one  members,  to  be  elected  by  the  qualified  electors,  and  hold  their 
office  two  years  from  the  day  next  preceding  the  biennial  meeting  of  the 
legislature,  and  the  amendment  herein  proposed,  if  adopted,  shall  deter- 
mine the  term  of  office  of  senators  and  representatives  to  be  elected  at  the 
annual  meeting  in  September,  in  the  year  eighteen  hundred  and  eighty, 
as  well  as  the  term  of  senators  and  representatives  thereafter  to  be  elected. 
The  legislature,  zihich  shall  first  be  convened  under  this  constitution,  shall 
on  or  before  the  fifteenth  day  of  August,  in  the  year  of  6ur  Lord  one  thou- 
sand eight  hundred  and  twenty-one,  and  the  legislature,  within  every  suh- 
sequent  period  of  at  most  ten  years,  and  at  least  five,  cause  the  number  of 
the  inhabitants  of  the  state  to  be  ascertained,  exclusive  of  foreigners  not 
'  naturalized  and  Indians  not  taxed.  The  number  of  representatives  shall, 
at  the  several  periods  of  making  such  enumeration,  be  fixed  and  appor- 
tioned among  the  several  counties,  as  near  as  may  be,  according  to  the 
number  of  inhabitants,  having  regard  to  the  relative  increase  of  population. 
The  number  of  representatives  shall,  on  said  first  apportionment,  be  not 
less  than  one  hundred  and  not  more  than  one  hundred  and  fifty.' 

nor  decl£.red  by  the  Legislature,  and  it  is  not  known  that  any  public  evidence  of 
its  adoption  is  in  existence.] 


THE    CONSTITUTION    OF   THE   STATE    OE    MAINE. 


57 


ARTICLE  XXVI. 

Prohibition   of  the   Manufacture   and   Sale   of   Intoxicating 

Liquors. 

The  manufacture  of  intoxicating  liquors,  not  including  cider,  and  the 
sale  and  keeping  for  sale  of  intoxicating  liquors,  are  and  shall  be  forever 
prohibited.  Except,  however,  that  the  sale  and  keeping  for  sale  of  such 
liquors  for  medicinal  and  mechanical  purposes  and  the  arts,  and  the  sale 
and  keeping  for  sale  of  cider  may  be  permitted  under  such  regulations  as 
the  Legislature  may  provide.  The  Legislature  shall  enact  laws  with  suit- 
able penalties  for  the  suppression  of  the  manufacture,  sale  and  keeping  for 
sale  of  intoxicating  liquors,  with  the  exceptions  herein  specified. 


Manufacture 
and  sale  of 
intoxicating 
liquors  pro- 
hibited, 
—exception. 
— legislature 
shall  enact 
laws  to  carry 
this  article 
into  effect. 
82  Me.,  213. 


[The  twenty-sixth  amendment  was  proposed  to  the  people  by  a  resolve  of  the 
sixty-first  legislature  approved  February  21,  1883,  and  having  been  adopted  Sep- 
tember 8,  1884,  was  proclaimed  by  Governor  Robie  to  be  a  part  of  the  Constitu- 
tion, December  3,  1884,  and  took  effect  on  the  first  Wednesday  of    January,  1885.] 


ARTICLE  XXVII. 
Eligibility  of  the  Treasurer  of  State. 


The  treasurer  shall  be  chosen  biennially,  at  the  first  session  of  the  legis-  Treasurer  not 

lature,  by  joint  ballot  of  the  Senators  and  Representatives  in  convention,  mcn^^^ln'^six 

but  shall  not  be  eligible  more  than  six  years  successively.  years. 

*"  (See  Art.  v. 


[The  twenty-seventh  amendment  was  proposed  to  the  people  by  a  resolve  of 
the  sixty-third  legislature,  approved  March  10,  1887,  and  having  been  adopted 
September  10,  1888,  was  proclaimed  by  Governor  Marble  to  be  a  part  of  the  Con- 
stitution, December  14,  1888,  and  took  effect  en  the  first  Wednesday  of  January, 
1889.] 


Part  4,  §  1.) 


ARTICLE  XXVIII. 
Appointment  of  Adjutant  General. 


The  major  generals  shall  be  elected  by  the  senate  and  house  of  represen- 
tatives each  having  a  negative  on  the  other.  The  adjutant  general  and 
quarter-master  general  shall  be  appointed  by  the  governor.  But  the 
adjutant  general  shall  perform  the  duties  of  quarter-master  general  until 
otherwise  directed  by  law.  The  major  generals  and  brigadier  generals 
and  the  commanding  officers  of  regiments  and  battalions,  shall  appoint 
their  respective  staff  officers;  and  all  military  officers  shall  be  commis- 
sioned by  the  governor. 


Major  generals, 
how  elected. 

Adjutant  gen- 
eral and  quar- 
termaster gen- 
eral appointed 
by  governor. 
(See  Art.   vll, 
§  3.) 


[The  twenty-eighth  amendment  was  proposed  to  the  people  by  a  resolve  of  the 
sixty-fourth  legislature,  approved  March  31,  1891,  and  having  been  adopted 
September  12,  1892,  was  proclaimed  by  Governor  Burleigh  to  be  a  part  of  the  Con- 
stitution, December  13,  1892,  and  took  effect  on  the  first  Wednesday  of  January, 
1893.] 

ARTICLE  XXIX. 


Educational  Qualification  of  Voters. 

No  person  shall  have  the  right  to  vote  or  be  eligible  to' office  under  the  P^^*?^  must 

.       .  r    ,  .  ,        .     ».  ,        i  .  1     i  •      •  ^^  a-ble  to  read 

constitution  of  this  state,  who  shall  not  be  able  to  read  the  constitution  constitution  in 

in  the  English  language  and  write  his  name;  provided,  however,  that  the  wrife'his^^^ 

provisions  of  this  amendment  shall  not  apply  to  any  person  prevented  by  name. 

a  physical  disability  from  complying  with  its  requisitions,  nor  to  any  per- 


58 


THE    CONSTITUTION    OF   THE    STATE    OF    MAINE. 


—exceptions. 
(See  Art.  li, 
§  1.) 


son  who  now  has  the  right  to  vote,  nor  to  any  person  who  shall  be  sixty 
years  of  age  or  upwards  at  the  time  this  amendment  shall  take  effect, 

[The  twenty-ninth  amendment  was  proposed  to  the  people  by  a  resolve  of  the 
sixty-fourth  legislature,  approved  April  2,  1891,  and  having  been  adopted  Sep- 
tember 12,  1892,  was  proclaimed  by  Governor  Burleigh  to  be  a  part  of  the  Consti- 
tution, December  13,  1892,  and  took  effect  on  the  first  Wednesday  of  January,  1893.] 


ARTICLE  XXX. 


Vacancies  in  the  Senate. 


Amendment  to 
Art.  Iv,  Part  2, 
S  5. 


Vacancies  in 
Senate,  how 
filled. 


Section  five,  in  article  four,  part  two,  is  hereby  amended  by  striking  out 
the  words  "and  in  this  manner  all  vacancies  in  the  senate  shall  be  supplied 
as  soon  as  may  be  after  such  vacancies  happen,"  and  substituting  therefor 
the  following: 

'But  all  vacancies  in  the  senate,  arising  from  death,  resignation,  removal 
from  the  State,  or  like  causes,  shall  be  filled  by  an  immediate  election  in 
the  unrepresented  district.  The  governor  shall  issue  his  proclamation 
therefor  and  therein  fix  the  time  of  such  election.' 


[The  thirtieth  amendment  was  proposed  to  the  people  by  a  resolve  of  the  sixty- 
eighth  legislature,  approved  March  27,  1897,  and  having  been  adopted  September 
12,  1898,  was  proclaimed  by  Governor  Powers  to  be  a  part  of  the  constitution, 
October  25,  1898,  and  took  effect  on  the  first  Wednesday  of  January,  1899.] 


FIFTH  REYISION  OF  THE  PUBLIC  LAWS. 


State  of  Maine. 


IN  THE  YEAR  OF  OUR  LORD  ONE  THOUSAND  NINE 
HUNDRED  AND  THREE. 


AN   ACT 

TO  REVISE  AND  CONSOLIDATE  THE  PUBLIC  LAWS  OF 

THE  STATE. 


BE  IT  ENACTED  by  the  Senate  and  House  of  Representa- 
tives IN  Legislature  assembled^  in  the  manner  stated  under  the  several 
titles  and  chapters  as  follows,  not  including  marginal  and  other  notes,  or 
references : 


60 


THE    CONSTITUTION    OP   TTIE    STATE)    OF    MAIN]?. 


TITLE  ONE. 

The  State :  its  sovereignty,  divisions,  domain,  revenue ;  parts  of 
its  civil  and  military  administrations. 


Chap.  i. 


2. 


6. 

7- 
8. 

9- 

10. 


Divisions  of  the  State.  Constitutional  amendments.  Statutes.  Rules 
of  construction.     Standard  time. 

Sovereignty  and  Jurisdiction.  Lands  taken  and  ceded  for  military 
purposes.  U.  S.  coast  survey.  Expenditure  of  appropriations. 
Sinking  fund.  Seat  of  government.  Organization  of  the  legisla- 
ture. Notice  of  petitions  for  legislation.  Tenure  of  office  and 
qualification  of  officers.  Secretary  of  State.  Treasurer  of  State, 
and  State  bonds.  State  library.  Distribution  of  public  documents. 
Public  printer.     Public  binder. 

Towns,  their  meetings,  officers,  powers,  and  duties. 

Elections. 

Public  lands,  their  sale  and  settlement.  Land  agent.  Location  and 
care  of  lots  for  public  uses.  Forest  commissioner,  and  preserva- 
tion of  forests. 

Assessment  and  collection  of  taxes. 

Registry  of  deeds. 

County  treasurers. 

Indian  tribes. 

The  militia. 


Divisions  into 
counties,  towns 
and  planta- 
tions. 

R.  S.,  c.  1,  §  L 
72  Me.,   432. 

When  constitu- 
tional   amend- 
ments take 
effect, 
part  3,  §  1.) 
R.  S.,  c.  1,  §  2. 

Proclamation 
and  publica- 
tion therteof. 
R.  S..  c.  1,  5  ». 


Secretary  to 
give  notice  of 
approval  of 
public  acts. 
R.  S.,  c.  1,  §  4. 
See  c.  2,  §  51. 
81  Me.,  546. 
Acts  become 
elTective  In 
thirty  days 
after  recess. 
R.  S.,  c.  1,  §  5. 
Zl  Me.  60. 
30  Me.,  489. 


CHAPTER  1. 

DIVISIONS     OF    THE     STATE.      CONSTITUTIONAL     AMENDMENTS.      STATUTES. 
RULES    OF    CONSTRUCTION.      STANDARD    TIME. 

Section  i.  The  State  is  divided  into  counties,  districts,  towns,  and 
plantations. 

Sec.  2.  Unless  otherwise  provided  in  the  resolve  submitting  it,  every 
constitutional  amendment  shall  take  effect  and  become  part  of  the  con- 
stitution, on  the  first  Wednesday  of  January  following  its  adoption  by  the 
people. 

Sec.  3.  Within  thirty  days  after  it  appears  that  a  constitutional 
amendment  has  been  adopted,  the  governor  shall  make  proclamation 
thereof,  and  the  secretary  of  state  shall  forthwith  cause  such  proclama- 
tion to  be  published  in  the  state  paper,  and  it  shall  also  be  prefixed  to  the 
next  volume  of  acts  and  resolves. 

Sec.  4.  When  a  public  act  is  approved  by  the  governor,  the  secretary 
of  state  shall  give  written  notice  thereof  to  the  presiding  officers  of  the 
senate  and  house,  describing  it  by  its  title,  and  the  date  of  its  approval, 
which  shall  be  entered  on  the  journal  of  each  house. 

Sec.  5.  A  statute  becomes  effective  in  thirty  days  after  the  recess  of 
the  legislature  passing  it,  unless  a  different  time  is  named  therein.  The 
repeal  of  an  act  or  resolve  passed  after  March  four,  eighteen  hundred  and 
seventy,  does  not  revive  any  statute  in  force  before  the  act  or  resolve  took 
effect.  The  repeal  of  an  act  does  not  affect  any  punishment,  penalty  or 
forfeiture  incurred  before  the  repeal  takes  effect,  or  any  suit,  or  proceeding 
pending  at  the  time  of  the  repeal,  for  an  offense  committed  or  for  recovery 


THE    CONSTITUTION    Of"   THE    STATE    OE    MAINE. 


61 


of  a  penalty  or  forfeiture  incurred  under  the  act  repealed.  Actions  pend- 
ing at  the  time  of  the  passage  or  repeal  of  an  act,  are  not  affected 
thereby,     (a) 

Sec.  6.  The  following  rules  shall  be  observed  in  the  construction  of 
statutes,  unless  such  construction  is  inconsistent  with  the  plain  meaning 
of  the  enactment. 

I.  Words  and  phrases  shall  be  construed  according  to  the  common 
meaning  of  the  language.  Technical  words  and  phrases,  and  such  as  have 
a  peculiar  meaning  convey  such  technical  or  peculiar  meaning,     (b) 

II.  Words  of  the  singular  number  may  include  the  plural;  and  words 
of  the  plural  number  may  include  the  singular.  Words  of  the  masculine 
gender  may  include  the  feminine. 

III.  Words  giving  authority  to  three  or  more  persons  authorize  a 
majority  to  act,  when  the  enactment  does  not  otherwise  determine,     (c) 

IV.  The  words  "annual  meeting,"  applied  to  towns,  mean  the  annual 
meeting  required  by  law  for  choice  of  town  officers. 

V.  The  word  "grantor"  means  the  person  who  conveys  a  freehold  estate  or 
interest  in  land ;  and  the  word  "grantee,"  the  person  to  whom  it  is  conveyed. 

VI.  The  word  "highway"  may  include  a  county  bridge,  county  road 
or  county  way.     (d) 

VII.  The  word  "inhabitant"  means  a  person  having  an  established 
residence  in  a  place. 

VIII.  The  words  "insane  person"  may  include  an  idiotic,  non  compos, 
lunatic,  or  distracted  person:  but  in  reference  to  idiotic  or  non  compos 
persons  this  rule  does  not  apply  to  chapter  one  hundred  and  forty-two. 

IX.  The  word  "issue,"  applied  to  the  descent  of  estates,  includes  all 
lawful  lineal  descendants  of  the  ancestor. 

X.  The  words  "land  or  lands,"  and  the  words  "real  estate,"  include 
lands  and  all  tenements  and  hereditaments  connected  therewith,  and  all 
rights  thereto  and  interests  therein,      (e) 

XL  The  word  "month"  means  a  calendar  month ;  and  the  word  "year," 
a  calendar  year,  unless  otherwise  expressed.  The  word  "year,"  used  for 
a  date,  means  year  of  our  Lord,     (f) 

XII.  The  word  "oath"  includes  an  affirmation,  when  affirmation  is 
allowed. 

XIII.  The  word  "person"  may  include  a  body  corporate,     (g) 

XIV.  By  the  words  "preceding"  or  "following,"  used  with  reference 
to  a  section,  is  meant  the  section  next  preceding  or  following  that  in  which 
it  is  used,  when  not  otherwise  expressed. 

XV.  When  the  seal  of  a  court,  magistrate,  or  public  officer,  is  to  be 
affixed  to  a  paper,  the  word  "seal"  may  mean  an  impression  made  on  the 
paper  for  that  purpose  with  or  without  wafer  or  wax. 

XVI.  Whenever  a  corporate  seal  is  used  or  required  on  any  instrument, 
an  impression  made  on  the  paper  of  such  instrument  by  the  seal  of  the 
corporation,  without  any  adhesive  substance,-  shall  be  deemed  a  valid  seal. 

XVII.  The  words  "United  States"  include  territories  and  the  District 
of  Columbia.  The  word  "state,"  used  with  reference  to  any  organized 
portion  thereof,  may  mean  a  territory  or  said  district. 

(a)  21  Me.,  6o;  23  Me.,  237;  30  Me.,  489;  45  Me.,  73,  514;  49  Me.,  533;  52 
Me.,  158;  61  Me.,  24;  63  Me.,  29,  30;  64  Me.,  134,  435;  65  Me.,  129;  68  Me., 
396,  520,  527;  70  Me.,  278;  71  Me.,  404;  73  Me.,  212;  75  Me.,  444;  84  Me.,  64; 
88  Me.,  227;  93  Me.,  127;  95  Me.,  315. 

(b)  47  Me.,  347;  49  Me.,  525;  58  Me.,  170,  328;  62  Me.,  63;  64  Me.,  129;  72 
Me.,  461;   75  Me.,  it6;   88  Me.,  404. 

(c)  39  Me.,  223;  48  Me.,  358-9,  406;  62  Me.,  519;  63  Me.,  265;  64  Me.,  262; 
77  Me.,  129 ;  79  Me.,  130. 

(rf)  18  Me.,  412 ;  26  Me.,  409 ;  34  Me.,  12 ;  59  Me.,  368,  452 ;  79  Me.,  528. 

(e)  69  Me.,  347;    78  Me.,  97;    85  Me.,  331 ;    86  Me.,  77,  131. 

(f)  47  Me.,  393  ;    64  Me.,  332. 
ig)  70  Me.,  181 ;  95   Me.,  448. 


— construction 
ot  acts  repeal- 
ing other 
acts. 

Rules  of  con- 
struction. 
R.  S..  c.  1,§  6. 


Meaning  of 
wordis  and 
technical 
phrases. 
Singular;  plu- 
ral; gender. 
48  Me.,  550. 
72  Me,,  428. 

Majority  may 
act. 

Annual  meet- 
ing. 

62  Me.,  517. 
G^rantor  and 
grantee. 

Highway. 
See  c.  18,  i  83, 
c.  19,  §  1. 
Inhabitant. 
37  Me.,  372. 


Insane. 
49  Me., 
53  Me., 
76  Me., 
Issue. 
95  Me., 


361. 

207. 
595. 

277. 


Ijands  and  real 

estate. 

See  c.  6,  §§  3, 

127. 

Month 

See  c.  11,  §  34,  H  1 

— year. 


Oath. 

79  Me.,  103. 

Person. 

See  c.  6,  §  127. 

Preceding  and 

following. 

Seal. 

33  Me.,  427. 

34  Me.,  222. 
36  Me.,  368. 
66  Me.,  227. 


Corporate   seal. 
1889,  c.  163. 

United  States. 

—state. 


62 


rut    CONSTITUTION    OF   THE    STATE    OF    MAINE. 


Town. 

See  c.  18,  §  101. 

Writing; 
—signature. 
5(i  Me.,  392. 
bS  Me.,  387,  587. 

Will. 

Sworn,  duly 
sworn,   sworn 
according  to 
law. 


Agents'    acts. 


Disinterested, 
or  indifferent. 


Municipal 
officers. 

State  paper. 
(Resolve  of 
1857,  c.  1. 
See  c.  79,  §  7.) 

Abstracts  and 
notes. 


Acts  of  incor- 
poration. 
1893,  c.  226. 
24  Me.,  143. 
69  Me.,  317. 
So  Me.,  445. 
93  Me.,  127. 


Organization 
of  corporations. 
I«y7,    c.    302. 
See  c.  49,  §§  129, 
145;  c.  51,  §§  7, 
191. 


Affirmations. 
K.  S.,  c,  1,  §  1. 
7S  Me.,  488. 
79  Me.,  103. 
Eastern  stand- 
ard time 
established. 
1887,  c.  29. 


XVIII.  The  word  "town"  includes  cities  and  plantations,  unless  other- 
wise expressed  or  implied,     (a) 

XIX.  The  words  "in  writing"  and  "written"  include  printing  and  other 
modes  of  making  legible  words.  When  the  signature  of  a  person  is 
required,  he  must  write  it  or  make  his  mark. 

XX.  The  word  "will"  includes  a  codicil. 

XXI.  The  words  "sworn,"  "duly  sworn,"  or  "sworn  according  to  law," 
used  in  a  statute,  record,  or  certificate  of  administration  of  an  oath,  refer 
to  the  oath  required  by  the  constitution  or  laws  in  the  case  specified,  and 
include  every  necessary  subscription  to  such  path.     (&) 

XXII.  When  an  act  that  may  be  lawfully  done  by  an  agent,  is  done 
by  one  authorized  to  do  it,  his  principal  may  be  regarded  as  having  done 
it.     (c) 

XXIII.  When  a  person  is  required  to  be  disinterested  or  indifferent  in 
a  matter  in  which  others  are  interested,  a  relationship  by  consanguinity  or 
affinity  within  the  sixth  degree  according  to  the  civil  law,  or  within  the 
degree  of  second  cousins  inclusive,  except  by  written  consent  of  the  parties, 

will  disqualify,     (d) 

XXIV.  The  term  "municipal  officers"  includes  the  mayor  and  alder  • 
men  of  cities,  the  selectmen  of  towns,  and  the  assessors  of  plantations,   (e) 

XXV.  The  words  "state  paper"  mean  the  newspaper  designated  by  the 
legislature,  in  which  public  acts,  resolves,  advertisements,  and  notices  are 
required  to  be  published. 

XXVI.  Abstracts  of  titles  and  chapters,  and  marginal  and  other  notes 
are  not  legal  provisions. 

XXVII.  Acts  of  incorporation  shall  be  regarded  in  legal  proceedings 
as  public  acts,  and  be  in  force  on  the  date  of  their  approval.  All  acts  of 
incorporation  granted  since  January  one,  eighteen  hundred  and  ninety- 
three,  become  null  and  void  in  two  years  from  the  day  when  the  same  take 
effect,  unless  such  corporations  shall  have  organized  and  commenced  actual 
business  under  their  charters. 

XXVIII.  The  organization  of  any  corporation  under  any  general  law 
of  the  state  becomes  null  and  void  within  two  years  from  the  day  when 
its  certificate  of  incorporation  has  been  filed  in  the  office  of  the  secretary 
of  state,  unless  such  corporation  shall  have  commenced  actual  business 
under  its  organization.  — - 

Sec.  7.  When  a  person  required  to  be  sworn,  is  conscientiously  scru- 
pulous of  taking  an  oath,  he  may  affirm. 

Sec.  8.  All  courts,  and  all  state,  county  and  town  officers  and  their 
employes,  in  the  transaction  of  their  official  business,  and  all  contracts, 
unless  it  is  otherwise  provided  therein,  and  all  proceedings  in  law  and 
equity,  shall  be  governed  by  the  eastern  division  of  standard  time. 

(a)  56  Me.,  31;  66  Me.,  155;  71  Me.,  142;  77  Me.,  422;  82  Me.,  194. 

(b)  30  Me.,  326;  41  Me.,  226;  42  Me.,  376;  58  Me.,  532;  84  Me.,  378. 

(c)  48  Me.,  554;  59  Me.,  175;  68  Me.,  92.  387;  95  Me.,  554. 

(d)  29  Me.,  542;  30  Me.,  156;  32  Me.,  311;  47  Me.,  476.  594;  52  Me.,  501; 
59  Me.,  264;  66  Me.,  352;  68  Me.,  219;  73  Me.,  58;  79  Me.,  33;  84  Me.,  305; 
86  Me.,  185. 

(e)  See  c.  27,  %67;  56  Me.,  31 ;  71  Me.,  142;  74  Me.,  369;  78  Me.,  106. 

Note.  Definitions  under  Australian  ballot  law,  c.  4,  §  50:  under  collateral  inheri- 
tance tax  law,  c.  6,  §  127;  under  law  relating  to  inland  fisheries  and  game,  c.  30, 
§§  8,  13,  18,  and  38;  under  insolvent  law,  c.  70,  §  13;  under  laws  relating  to  cruelty  to 
animals,  c.  123,  §  56. 

Definition  of  words  "benevolent  and  charitable  corporations"  under  tax  law,  c. 
6,  §  6,  If  II;  of  word  "academy."  c.  11,  §  79;  of  words  "way"  and  "team,"  c.  19, 
§  1;  of  intoxicating  liquors,  c.  27,  §  41;  of  word  "family"  in  pauper  law,  c.  24,  §  9;  of 
"public  warehouseman,"  c.  31,  §  8;  of  "itinerant  vendors,"  c.  44,  §  27;  of  "domes- 
tic" and  "foreign"  in  Insurance  laws,  c.  49,  §  81;  of  "association"  in  insurance 
laws,  c.  49,  I  165;  of  "dwelling-house,"  c.  118,  §  9;  of  "butter  and  cheese"  under 
law  relating  to  dairy  products,  c.  127,  §  7;  of  words  "felony"  and  "owner,"  c.  130, 
§§  10,  11. 


AMENDMENTS 


TO  THE 


CONSTITUTION 


Olf  THE 


STATE    OF    MAINE 


Adopted  since   1902 


AUGUSTA,  MAINE 

1913 


WATERVILLE 

SENTINEI,   PUBLISHING   COMPANY 
I9I3 


STATE  OF  MAINE. 


Chapter  121,  Resolves  of  1907. 

RESOLVES  proposing  an  amendment  to  article  four  of  the  Constitution  of  the 
state  of  Maine,  establishing  a  people's  veto  through  the  optional  referendum, 
and  a  direct  initiative  by  petition  and  at  general  or  special  elections. 

Resolved,  That  the  following  amendment  to  the  constitution  of  this  state 
be  proposed  for  the  action  of  the  legal  voters  of  this  state  in  the  manner 
provided  by  the  constitution,  to  wit : 

Part  first  of  article  four  is  hereby  amended  as  follows,  namely : 

By  striking  out  all  of  section  one  after  the  word  "Maine"  in  the  third  line 
thereof,  and  inserting  in  lieu  thereof  the  following  words  'But  the  people 
reserve  to  themselves  power  to  propose  and  to  enact  or  reject  the  same  at 
the  polls  independent  of  the  legislature,  and  also  reserve  power  at  their  own 
option  to  approve  or  reject  at  the  polls  any  act,  bill,  resolve  or  resolution 
passed  by  the  joint  action  of  both  branches  of  the  legislature,  and  the  S'tyle 
of  their  laws  and  acts  shall  be  'Be  it  enacted  by  the  people  of  the  state  of 
Maine,'  so  that  said  section  as  amended  shall  read  as  follows,  namely: 

'The  legislative  power  shall  be  vested  in  two  distinct  branches,  a  house  of 
representatives  and  a  senate,  each  to  have  a  negative  on  the  other,  and  both 
to  be  styled  the  legislature  of  Maine,  but  the  people  reserve  to  themselves 
power  to  propose  laws  and  to  enact  or  reject  the  same  at  the  polls  independent 
of  the  legislature,  and  also  reserve  power  at  their  own  option  to  approve  or 
reject  at  the  polls  any  act,  bill,  resolve  or  resolution  passed  by  the  joint  action 
of  both  branches  of  the  legislature,  and  the  style  of  their  laws  and  acts  shall 
be,  'Be  is  enacted  by  the  people  of  the  state  of  Maine.' 

Part  third  of  article  four  is  hereby  amended  as   follows,  namely : 

By  inserting  in  section  one,  after  the  words  "biennially  and"  in  the  second 
line  thereof,  the  words  'with  the  exceptions  hereinafter  stated,'  so  that  said 
section  shall  read  as  amended: 

'The  legislature  shall  convene  on  the  first  Wednesday  of  January,  biennially, 
and,  with  the  exceptions  hereinafter  stated  shall  have  full  power  to  make  and 
establish  all  reasonable  laws  and  regulations  for  the  defense  and  benefit  of 
the  people  of  this  state,  not  repugnant  to  this  constitution  nor  to  that  of  the 
United  States.' 

Part  third  of  article  four  is  further  amended  by  adding  to  said  article  the 
following  sections  to  be  numbered  from  sixteen  to  twenty-two  inclusive, 
namely : 

'Sect.  16.  No  act  or  joint  resolution  of  the  legislature,  except  such  orders 
OT  resolutions  as  pertain  solely  to  facilitating  the  performance  of  the  business 
of  the  legislature,  of  either  branch,  or  of  any  committee  or  officer  thereof,  or 
appropriate  money  therefor  or  for  the  payment  of  salaries  fixed  by  law,  shall 
take  effect  until  ninety  days  after  the  recess  of  the  legislature  passing  it, 
unless  in  case  of  emergency  (which  with  the  facts  constituting  the  emergency 
shall  be  expressed  in  the  preamble  of  the  act,)  the  legislature  shall,  by  a  vote 
of  two-thirds  of  all  the  members  elected  to  each  house,  otherwise  direct.    An 


AMENDMENTS    TO   THE    CONSTITUTION    OF    MAINE.  3 

emergency  bill  shall  include  only  such  measures  as  are  immediately  necessary 
for  the  preservation  of  the  public  peace,  health  or  safety ;  and  shall  not  include 
(i)  an  infringement  of  the  right  of  home  rule  for  municipalities,  (2)  a  fran- 
chise or  a  license  to  a  corporation  or  an  individual  to  extend  longer  than  one 
year,  or  (3)  provision  for  the  sale  or  purchase  or  renting  for  more  than  five 
years  of  real  estate.' 

'Sect.  17.  Upon  written  petition  of  not  less  than  ten  thousand  electors, 
addressed  to  the  governor  and  filed  in  the  office  of  the  secretary  of  state 
within  ninety  days  after  the  recess  of  the  legislature,  requesting  ithat  one  or 
more  acts,  bills,  resolves  or  resolutions,  or  part  or  parts  thereof,  passed  by 
the  legislature,  but  not  then  in  effect  by  reason  of  the  provisions  of  the 
preceding  section,  be  referred  to  the  people,  such  acts,  bills,  resolves,  01 
resolutions  or  part  or  parts  thereof  as  are  specified  in  such  petition  shall  no, 
take  effect  until  thirty  days  after  the  governor  shall  have  announced  by  public 
proclamation  that  the  same  h"ave  been  ratified  by  a  majority  of  the  electors 
voting  thereon  at  a  general  or  special  election.  As  soon  as  it  appears  that 
the  effect  of  any  act,  bill,  resolve,  or  resolution  or  part  or  parts  thereof  has 
been  suspended  by  petition  in  manner  aforesaid,  the  governor  by  public 
proclamation  shall  give  notice  thereof  and  of  the  time  when  such  measure  is 
to  be  voted  on  by  the  people,  which  shall  be  at  the  next  general  election  not 
less  than  sixty  days  after  such  proclamation,  or  in  case  of  no  general  election 
within  six  months  thereafter  the  governor  may,  and  if  so  requested  in  said 
written  petition  therefor,  shall  order  such  measure  submitted  to  the  people 
at  a  special  election  not  less  than  four  nor  more  than  six  months  after  his 
proclamation  thereof.' 

'Sect.  18.  The  electors  may  propose  to  the  legislature  for  its  consideration 
any  bill,  resolve  or  resolution,  including  bills  to  amend  or  repeal  emergency 
legislation  but  not  an  amendment  of  the  state  constitution,  by  written  petition 
addressed  to  the  legislature  or  to  either  branch  thereof  and  filed  in  the  office 
of  the  secretary  of  state  or  presented  to  either  branch  of  the  legislature  at 
least  thirty  days  before  the  close  of  its  session.  Any  measure  thus  proposed 
by  not'  less  than  twelve  thousand  electors,  unless  enacted  without  change  by 
the  legislature  at  the  session  at  which  it  is  presented,  shall  be  submitted  to 
the  electors  together  with  any  amended  form,  substitute,  or  recommendation 
of  the  legislature,  and  in  such  manner  that  the  people  can  choose  between 
the  competing  measures  or  reject  both.  When  there  are  competing  bills  and 
neither  receives  a  majority  of  the  votes  given  for  or  against  both,  the  one 
receiving  the  most  votes  shall  at  the  next  general  election  to  be  held  not  less 
than  sixty  days  after  the  first  vote  thereon  be  sumbitted  by  its-elf  if  it  receives 
more  than  one-third  of  the  votes  given  for  and  against  both.  If  the  measure 
initiated  is  enacted  by  the  legislature  without  change,  it  shall  not  go  to  a 
referendum  vote  unless  in  pursuance  of  a  demand  made  in  accordance  with 
the  preceding  section.  The  legislature  may  order  a  special  election  on  any 
measure  that  is  subject  to  a  vote  of  the  people.  The  governor  may,  and  if 
so  requested  in  the  written  petitions  addressed  to  the  legislature,  shall,  by 
proclamation,  order  any  measure  proposed  to  the  legislature  by  at  least  twelve 
thousand  electors  as  herein  provided,  and  not  enacted  by  the  legislature 
without  change,  referred  to  the  people  at  a  special  election  to  be  held  not  less 
than  four  or  more  than  six  months  after  such  proclamation,  otherwi'se  said 
measure  shall  be  voted  upon  at  the  next  general  election  held  not  less  than 
sixty  days  after  the  recess  of  the  legislature,  to  which  such  measure  was 
proposed.' 

'Sect.  19.  Any  measure  referred  to  the  people  and  approved  by  a  majority 
of  the  votes  given  thereon  shall,  unless  a  later  date  is  specified  in  said  meas- 
ure, take  effect  and  become  a  law  in  thirty  days  after  the  governor  has  made 
public  proclamation  of  the  result  of  the  vote  on  said  measure,  which  he  shall 


4  AMENDMENTS    TO   THE    CONSTITUTION    OF    MAINE. 

do  within  ten  days  after  the  vote  thereon  has  been  canvassed  and  determined. 
The  veto  power  of  the  governor  shall  not  extend  to  any  measure  approved 
by  vote  of  the  people,  and  any  measure  initiated  by  the  people  and  passed  by 
the  legislature  without  change,  if  vetoed  by  the  governor  and  if  his  veto  is 
sustained  by  the  legislature  shall  be  referred  to  the  people  to  be  voted  on  at 
the  next  general  election.  The  legislature  may  enact  measures  expressly  con- 
ditioned upon  the  peoples'  ratification  by  a  referendum  vote.' 

'Sect.  20.  As  used  in  either  of  the  three  preceding  sections  the  words 
"electors"  and  "people"  mean  the  electors  of  the  state  qualified  to  vote  for 
governor;  "recess  of  the  legislature"  means  the  adjournment  without  day  of 
a  session  of  the  legislature;  "general  election"  means  the  November  election 
for  choice  of  presidential  electors  or  the  September  election  for  choice  of 
governor  and  other  state  and  county  officers ;  "measure"  means  an  act,  bill, 
resolve  or  resolution  proposed  by  the  people,  or  two  or  more  such,  or  part  or 
parts  of  such,  as  the  case  may  be;  "written  petition"  means  one  or  more  peti- 
tions written  or  printed,  or  partly  written  and  partly  printed,  with  the  original 
s-ignatures  of  the  petitioners  attached,  verified  as  to  the  authenticity  of  the 
signatures  by  the  oath  of  one  of  the  petitioners  certified  thereon,  and  accom- 
panied by  the  certificate  of  the  clerk  of  the  city,  town  or  plantation  in  which 
the  petitioners  reside  that  their  names  appear  on  the  voting  list  of  his  city, 
town  or  plantation  as  qualified  to  vote  for  governor.  The  petitions  shall  set 
forth  the  full  text  of  the  measure  requested  or  proposed.  The  full  text  of  a 
measure  submitted  to  a  vote  of  the  people  under  the  provisions  of  the  con- 
stitution need  not  be  printed  on  the  official  ballots,  but,  until  otherwise  pro- 
vided by  the  legislature,  the  secretary  of  state  shall  prepare  the  ballots  in 
such  form  as  to  present  the  question  or  questions  concisely  and  intelligibly.' 

'Sect.  21.  The  city  council  of  any  city  may  establish  the  initiative  and  refer- 
endum for  the  electors  of  such  city  in  regard  to  its  municipal  affairs,  pro- 
vided that  the  ordinance  establishing  and  providing  the  method  of  exercising 
such  initiative  and  referendum  shall  nt)t  take  effect  until  ratified  by  vote  of  a 
majority  of  the  electors  of  said  city,  voting  thereon  at  a  municipal  election. 
Provided,  however,  that  the  legislature  may  at  any  time  provide  a  uniform 
method  for  the  exercise  of  the  initiative  and  referendum  in  municipal  affairs.' 

'Sect.  22.  Until  the  legislature  shall  enact  further  regulations  not  incon- 
sistent with  the  constitution  for  applying  the  people's  veto  and  direct  initiative, 
the  election  officers  and  other  officials  shall  be  governed  by  the  provisions  of 
this  constitution  and  of  the  general  law,  supplemented  by  such  reasonable 
action  as  may  be  necessary  to  render  the  preceding  sections  self-executing.' 

Resolved,  That  all  the  foregoing  is  proposed  to  be  voted  upon  as  one  amend- 
ment, and  not  as  two  or  more  several  amendments. 

Resolved,  That  the  aldermen  of  cities,  the  selectmen  of  towns  and  the 
assessors  of  the  several  plantations  in  this  state  are  hereby  empowered  and 
directed  to  notify  the  inhabitants  of  their  respective  cities,  towns,  and  plan- 
tations in  the  manner  prescribed  by  law  to  vote  at  the  meeting  in  September 
in  the  year  one  thousand  nine  hundred  and  eight  upon  the  amendment  pro- 
posed in  the  foregoing  resolutions,  and  the  question  shall  be: 

"Shall  the  constitution  be  amended  as  proposed  by  a  resolution  of  the 
legislature  providing  for  the  establishment  of  a  people's  veto  through  the 
optional  referendum  and  a  direct  initiative  by  petition  and  at  general  or 
special  elections?"  and  the  inhabitants  of  said  cities,  towns  and  plantations 
shall  vote  by  ballot  on  said  question,  those  favoring  the  amendment  voting 
"yes"  and  those  opposing  voting  "no"  upon  their  ballots,  and  the  ballots  shall 
be  received,  sorted,  counted  and  declared  in  open  ward,  town  and  plantation 
meetings  and  lists  of  the  votes  so  received  shall  be  made  and  returned  to  the 
office  of  the  secretary  of  state  in  the  same  manner  as  votes  for  governor  and 
members   of  the   legislature,   and  the  governor    and   council   shall   count   the 


AMENDMENTS   TO   THE   CONSTITUTION    OF    MAINE.  5 

same  and  make  return  to  the  next  legislature,  and  if  it  shall  appear  that  a 
majority  of  the  votes  are  in  favor  of  the  amendment,  the  constitution  shall 
be  amended  accordingly. 

Resolved,  That  the  secretary  of  state  shall  prepare  and  furnish  to  the 
several  cities,  towns  and  plantations,  ballots  and  blank  returns  in  conformity 
to  the  foregoing  resolves  accompanied  by  a  copy  thereof. 

[The  thirtywflrst  amendment  was  proposed  to  the  people  by  a  resolve  of  the 
seventy-third  leg-lslature,  approved  March  20,  1907,  and  having  been  adopted 
September  14,  1908,  was  proclaimed  iby  Governor  Cobb  to  be  a  part  of  the  con- 
stitution, October  30,  1908,  and  took  effect  on  the  first  Wednesday  of  January, 
1909.] 


Chapter  238,  Resolves  of  1907. 

RESOLVE  to  amend  section  two  of  article  ten  of  the  Constitution  of  the  state 

of  Maine. 

Resolved,  Two-thirds  of  both  branches  of  the  legislature  concurring,  that 
the  following  amendment  to  the  constitution  of  the  state  of  Maine  be  pro- 
posed for  the  action  of  the  legal  voters  of  this  state  at  the  next  gubernatorial 
election  in  the  manner  prescribed  by  the  constitution : 

Section  two  in  article  ten  as  amended  by  the  resolve  of  the  fifty-eighth 
legislature  passed  March  fourth,  eighteen  hundred  and  seventy-nine,  and 
adopted  September  eighth,  eighteen  hundred  and  seventy-nine,  is  hereby 
further  amended  by  striking  out  the  words;  "in  the  manner  prescribed  by 
law,  at  their  next  biennial  meetings  in  the  month  of  September,"  and  inserting 
in  place  thereof  the  words:  'to  meet  in  the  manner  prescribed  by  law  for 
calling  and  holding  biennial  meetings  of  said  inhabitants  for  the  election  of 
senators  and  representatives  on  the  second  Monday  in  September  following 
the  passage  of  said  resolve;'  so  that  said  section  as  amended,  shall  read  as 
follows : 

'Section  2.  The  legislature,  whenever  two-thirds  of  both  hous^es  shall  deem 
it  necesary,  may  propose  amendments  to  this  constitution;  and,  when  any 
amendments  shall  be  so  agreed  upon,  a  resolution  shall  be  passed  and  sent  to 
the  selectmen  of  the  several  towns,  and  the  assessors  of  the  several  planta- 
tions, empowering  and  directing  them  to  notify  the  inhabitants  of  their 
respective  towns  and  plantations,  to  meet  in  the  manner  prescribed  by  law 
for  calling  and  holding  biennial  meetings  of  said  inhabitants  for  the  election 
of  senators  and  representatives,  on  the  second  Monday  in  September  follow- 
ing the  passage  of  said  resolve,  to  give  in  their  votes  on  the  question,  whether 
such  amendments  shall  be  made ;  and  if  it  shall  appear  that  a  majority  of  the 
inhabitants  voting  on  the  question  are  in  favor  of  such  amendment,  it  shall 
become  a  part  of  this  constitution.' 

[The  thirty-second  amendment  was  proposed  to  the  people  by  a  resolve  of 
the  seventy-third  legislature,  approved  March  28,  1907,  and  having  been  adopted 
September  14,  1908,  was  proclaimed  by  Governor  Cobb  to  be  a  part  of  the  con- 
stitution, October  30,  1908,  and  took  effect  on  the  first  Wednesday  of  January, 
1909.] 


6  AMENDMENTS    TO   THE    CONSTITUTION    OF    MAINE. 

Chapter  210,  Resolves  of  1911. 

REBiOLVE  to  amend  the  Constitution  witli  reference  to  the  seat  of  Government. 

Resolved,  That  the  following  amendment  to  the  constitution  of  the  state  be 
proposed  for  the  action  of  the  legal  voters  of  this  state  in  the  manner  pro- 
vided by  the  constitution,  to  wit,  by  adding  thereto  the  following  article : 
"Augusta  is  hereby  declared  to  be  the  seat  of  government  of  this  state." 

Resolved,  That  the  aldermen  of  cities,  the  selectmen  of  towns  and  the 
•issessors  of  the  several  plantations  in  this  state,  are  hereby  empowered  and 
directed  to  notify  the  inhabitants  of  their  respective  cities,  towns,  or  planta- 
tions, in  the  manner  provided  by  law,  to  vote  at  a  meeting  to  be  held  on  the 
second  Monday  of  September  in  the  year  one  thousand  nine  hundred  and 
eleven,  upon  an  amendment  proposed  in  the  foregoing  resolution,  and  the 
question  shall  be,  'shall  the  constitution  be  amended  as  proposed  by  resolu- 
tion of  the  legislature  providing  that  "Augusta  is  hereby  declared  to  be  the 
seat  of  government  of  this  state,"  and  the  inhabitants  of  said  city,  town  or 
plantation  shall  vote  by  ballot  on  said  question,  those  favoring  the  amendment 
voting  "yes"  and  those  opposing  voting  "no"  upon  their  ballots,  and  the  ballots 
shall  be  received,  sorted,  counted  and  declared  in  open  ward,  town  and  plan- 
tation meetings  and  lists  of  the  votes  so  received  shall  be  made  and  returned 
to  the  office  of  the  secretary  of  state  in  the  same  manner  as  votes  for  governor 
and  members  of  the  legislature,  and  the  governor  and  council  shall  count  the 
same  and  make  return  to  the  next  legislature,  and  if  it  shall  appear  that  a 
majority  of  the  votes  are  in  favor  of  the  amendment,  the  constitution  shall 
be  amended  accordingly. 

Resolved,  That  the  secretary  of  state  shall  prepare  and  furnish  to  the  sev- 
eral cities,  towns,  and  plantations,  ballots  and  blank  returns  in  conformity  to 
the  foregoing  resolves  accompanied  by  a  copy  thereof.' 

[The  thirty-third  amendment  was  proposed  to  the  peop'.e  by  a  resolve  of  the 
seventy-fifth  legislature,  approved  Mlarch  31,  1911,  and  having  been  adopted  'by 
the  people  September  11,  1911,  was  declared  adopted  by  the  legislature  of  Maine 
January  23,  1913,   and  by  this  declaration   became  a  part  of  the  constitution.] 


Chapter  221,  Resolves  oe  191  i. 

RESOLVE  to  amend  article  twenty-two  of  the  Constitution,  relating  to  cities 
of  forty  thousand  inhabitants  or  more  to  increase  the  municipal  indebtedness 
to  seven  and  one-half  per  centum. 

Resolved,  That  the  following  amendment  to  the  constitution  of  this  state 
be  proposed  for  the  action  of  the  legal  voters  of  this  state  in  the  manner 
provided  by  the  constitution,  to  wit,  article  twenty-two  of  said  constitution, 
limiting  municipal  indebtedness,  is  hereby  amended  by  inserting  after  the  word 
"town"  in  the  first  lire  thereof,  the  following  words,  'having  less  than  forty 
thousand  inhabitants,  according  to  the  last  census  taken  by  the  United  States,' 
and  by  inserting  after  the  word  "however"  in  the  fourth  line,  the  following 
words,  'that  cities  having  a  population  of  forty  thousand  or  more,  according 
to  the  last  census  taken  by  the  United  States  may  create  a  debt  or  liability 
which  single  or  in  the  aggregate  with  previous  debt  or  liability,  shall  equal 
seven  and  one-half  per  centum  of  the  last  regular  valuation  of  said  city,  that 
cities  of  forty  thousand  inhabitants  or  over,  may,  by  a  majority  vote  of  their 
city  government,  increase  the  present  rate  of  five  per  centum  by  one-fourth  of 
.one  per  centum  in  any  one  municipal  year  until  in  not  less  than  ten  years,  the 


AMENDMENTS    TO   THE   CONSTITUTIOJ^ 'OF 'MAJNE..  *  t  •>*:•.,'  '7', 

maximum  rate  of  seven  and  one-half  per  cent  is  reached,  that  any  city  fail- 
ing to  take  the  increase  in  any  one  municipal  year  then  the  increase  for  that 
year  is  lost  and  no  increase  can  be  made  until  the  next  year  as  provided  above, 
and  provided  further,'  so  that  said  article  as  amended,  shall  read  as  follows : 

'No  city  or  town  having  less  than  forty  thousand  inhabitants,  according  to 
the  last  census  taken  by  the  United  States,  shall  hereafter  create  any  debt  or 
liability,  which  single  or  in  the  aggregate,  with  previous  debts  or  liabilities 
shall  exceed  five  per  centum  of  the  last  regular  valuation  of  said  city  or  town: 
provided,  however,  that  cities  having  a  population  of  forty  thousand  or  more, 
according  to  the  last  census  taken  by  the  United  States,  may  create  a  debt 
or  liability  which  single  or  in  the  aggregate,  with  previous  debts  or  liabilities, 
shall  equal  seven  and  one-half  per  cent  of  the  last  regular  valuation  of  said 
city,  that  cities  of  forty  thousand  inhabitants,  or  over,  may,  by  a  majority  vote 
of  their  city  government,  increase  the  present  rate  of  five  per  centum  by 
one-fourth  of  one  per  cent  in  any  one  municipal  year,  until,  in  not  less  than 
ten  years,  the  maximum  rate  of  seven  and  one-half  per  cent  is  reached,  that 
any  city  failing  to  take  the  increase  in  any  one  municipal  year  then  the  increase 
for  that  year  is  lost  and  no  increase  can  be  made  until  the  next  year  as  pro- 
vided above,  and  provided  further,  that  the  adoption  of  this  article  shall  not 
be  construed  as  applying  to  any  fund  received  in  trust  by  said  city  or  town, 
nor  to  any  loan  for  the  purpose  of  renewing  existing  loans,  or  for  war  or  to 
temporary  loans  to  be  paid  out  of  the  money  raised  by  taxes  during  the  year 
in  which  they  were  made.' 

Resolved,  That  the  aldermen  of  cities,  selectmen  of  towns,  and  the  assessors 
of  the  several  plantations  in  this  state,  are  hereby  empowered  and  directed 
to  notify  the  inhabitants  of  their  respective  cities,  towns,  or  plantations,  in 
the  manner  provided  by  law,  to  vote  at  a  meeting  to  be  held  on  the  second 
Monday  of  September  in  the  year  one  thousand  nine  hundred  and  eleven, 
upon  an  amendment  proposed  in  the  foregoing  resolution,  and  the  question 
shall  be :  "Shall  the  constituition  be  amended  as  proposed  by  resolution  of  the 
legislature  providing  that  the  towns  having  a  population  of  forty  thousand 
inhabitants  or  more,  according  to  the  last  census  taken  by  the  United  States, 
be  permitted  to  create  a  debt  or  liability  which  single  or  in  the  aggregate 
equals  seven  and  one-half  per  centum  of  its  last  regular  valuation  and  that 
the  increase  in  amount  of  debt  be  no  greater  than  one-quarter  of  one  per 
centum,  over  the  present  rate  of  five  per  cent  in  any  one  year,  and  the  inhab- 
itants of  said  city,  town  or  plantation  shall  vote  by  ballot  on  said  question, 
those  favoring  the  amendment  voting  "yes"  upon  their  ballots  and  those 
opposing  voting  "no"  upon  their  ballots,  and  the  ballots  shall  be  received, 
sorted,  counted,  and  declared  in  open  ward,  town,  and  plantation  meetings, 
and  lists  of  the  votes  so  received  shall  be  made  and  returned  to  the  office  of 
secretary  of  state  in  the  same  manner  as  votes  for  governor  and  members  of 
the  legislature  and  the  governor  and  council  shall  count  the  same  and  make 
return  to  the  next  legislature  and  if  it  shall  appear  that  a  majority  of  the 
votes  are  in  favor  of  the  amendment  the  consititution  shall  be  amended  accord- 
ingly. 

Resolved,  That  the  secretary  of  state  shall  prepare  and  furnish  to  the  several 
cities,  towns,  and  plantations,  ballots  and  blank  returns  in  conformity  to  the 
foregoing  resolves   accompanied   by   a  copy  thereof. 

[The  thirty-fourth  amendment  was  proposed  to  the  x)eapl©  by  a  reaolve  of 
the  seven.ty-flfth  leg-islature,  approved  March  31,  1911,  and  having  been  adopted 
by  the  people  Septem.ber  11,  1911,  was  declared  adopted  by  the  legislature  of 
Maine  January  23,  1913,  and  by  this  declaration  became  a  part  of  the  conetitu- 
tion.] 


">{  •        '-»'  '  ••*-  •  • 


»  V   I  J 


TO   THE    CONSTITUTION    OF    MAINE, 


Chapter  i,  Resolves  of  1912. 

REiSOLVE   amending  article   nine   of    the   Constitution,    so   as   to   provide   for   a 
bond  issue  for  State  Highways. 

Resolved,  Two-thirds  of  the  legislature  concurring,  that  the  following 
amendment  to  the  constitution  of  the  state  be  proposed : 

Article  nine  of  the  constitution  is  hereby  amended  by  adding  the  following 
section : 

'Section  17.  The  legislature  may  authorize  the  issuing  of  bonds  not  exceed- 
ing two  million  dollars  in  amount  at  any  one  time,  payable  within  forty-one 
years,  at  a  rate  of  interest  not  exceeding  four  per  centum  per  annum,  payable 
semi-annually,  which  bonds  or  their  proceeds  shall  be  devoted  solely  to  the 
building  and  maintaining  of  state  highways;  provided,  however,  that  bonds 
issued  and  outstanding  under  the  authority  of  this  section  shall  never,  in  the 
aggregate,  exceed  two  million  dollars ;  the  expenditure  of  said  money  to  be 
divided  equitably  among  the  several  counties  of  the  state.' 

Section  fourteen  of  said  article  is  amended  by  adding  after  the  word  "ex- 
cept," in  the  fifth  line  thereof,  the  following  words :  "For  the  purposes  of 
building  and  maintaining  of  state  highways,"  so  that  said  section  fourteen, 
as  amended,  shall  read  as  follows : 

'Section  14.  The  credit  of  the  state  shall  not  be  directly  or  indirectly 
loaned  in  any  case.  The  legislature  shall  not  create  any  debt  or  debts,  liability 
or  liabilities,  on  behalf  of  the  state,  which  shall  singly,  or  in  the  aggregate 
with  previous  debts  and  liabilities  hereafter  incurred  at  any  one  time,  exceed 
three  hundred  thousand  dollars,  except  for  the  purposes  of  building  and  main- 
taining of  state  highways,  to  suppress  insurrection,  to  repel  invasion,  or  for 
purposes  of  war;  but  this  amendment  shall  not  be  construed  to  refer  to  any 
money  that  has  been,  or  may  be  deposited  with  this  state  by  the  government 
of  the  United  States,  or  to  any  fund  which  the  state  shall  hold  in  trust  for 
any  Indian  tribe.' 

Resolved,  That  the  aldermen  of  cities,  the  selectmen  of  towns  and  the 
assessors  of  the  several  plantations  in  this  state  are  hereby  empowered  and 
directed  to  notify  the  inhabitants  of  their  respective  cities,  Jowns  and  planta- 
tions in  the  manner  prescribed  by  law  to  vote  at  the  regular  state  election 
meeting  in  September  in  the  year  nineteen  hundred  and  twelve  upon  the 
amendment  proposed  in  the  foregoing  resolution,  and  the  question  shall  be: 
"Shall  the  constitution  be  amended  as  proposed  by  a  resolution  of  the  legis- 
lature providing  for  the  issuing  of  state  bonds  for  the  purposes  of  building 
and  maintaining  state  highways?" 

And  the  inhabitants  of  said  cities,  towns  and  plantations  shall  vote  by  ballot 
on  said  question,  those  favoring  the  amendment  voting  "yes"  and  those  oppos- 
ing "no"  on  their  ballots,  and  the  ballots  shall  be  assorted,  counted  and  de- 
clared in  open  ward,  town  and  plantation  meetings,  and  returns  made  to  the 
office  of  the  secretary  of  state  in  the  same  manner  as  votes  for  governor  and 
members  of  the  legislature,  and  the  governor  and  council  shall  count  the  same 
and  make  return  to  the  next  legislature,  and  if  it  shall  appear  that  a  majority 
of  the  votes  are  in  favor  of  the  amendment,  the  constitution  shall  be  amended 
accordingly. 

Resolved,  That  the  secretary  of  state  shall  prepare  and  furnish  to  the  sev- 
eral cities,  towns  and  plantations,  ballots  and  blank  returns  in  conformity  with 
the  foregoing  resolves  accompanied  by   a  copy  thereof. 

[The  thirty-fifth  amendment  was  proposed  to  the  people  by  a  resolve  of  the 
seventy-fifth  legislature,  approved  March  25,  1912,  and  having  been  adopted  by 
the  people  Septemtier  9,  1912,  was  declared  adopted  by  the  legislature  of  Maine 
Jariiuary  23,   1913,  and   by  this  declaration  became  a  part  of   the  constitution.] 


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